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Professor Gabriël Moens
Pro Vice Chancellor (Law, Business and Information Technology)
Professor of Law
JD, LLM, PhD, GCEd, MBA, FCIArb
Professor Gabriël A. Moens joined Murdoch University School of Law as Dean and Professor of Law in September 2005.
In February 2011, he took up the position of Pro Vice Chancellor, Faculty of Law, Business and Information Technology. Professor Moens is an award-winning teacher of law (including as the co-winner of the 1999 Australian Award for University Teaching in law and legal studies) and noted author, with an extensive publications record, including as co-author of The Constitution of the Commonwealth of Australia Annotated, 7th ed., 2007 and International Trade and Business: Law, Policy and Ethics, 2nd ed., 2006.
He teaches and researches in various areas, including constitutional law, banking law, European Union law, international commercial law, international arbitration law, comparative law, international business law and human rights law.
Professor Moens has taught at a number of universities internationally (including The University of Queensland, Brigham Young University, Loyola University New Orleans, University of Gent, Belgium and The University of Notre Dame Australia). He is a Membre Titulaire of the International Academy of Comparative Law in Paris, and a Fellow (FCIArb) and Chartered Arbitrator of the Chartered Institute of Arbitrators. He also serves as a Fellow and Deputy Secretary-General of the Australian Centre for International Commercial Arbitration (ACICA) and Director, The College of Law Western Australia.
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Present Positions :
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Dean and Professor of Law, Murdoch University School of Law
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Adjunct Professor of Law, University of Notre Dame, London Law Centre
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Honorary Professor, The University of Queensland
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Fellow and Deputy Secretary General of the Australian Centre for International Commercial Arbitration (ACICA)
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Member, Editorial Board, American Journal of Jurisprudence (published by the University of Notre Dame, Indiana)
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Editor-in-Chief, International Trade and Business Law Review (published by Routledge/Cavendish, London )
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Member, Editorial Board, Jus Gentium (published by the University of Baltimore, Maryland)
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Member, Editorial Board, Macquarie Journal of Business Law (published by Macquarie University)
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Académicien Titulaire, International Academy of Comparative Law, Paris
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Fellow (FCIArb) and Chartered Arbitrator, The Chartered Institute of Arbitrators, London
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Director, The College of Law Western Australia
| 2004 - 2005 |
Graduate School of Law, The University of Notre Dame Australia |
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Professor of Law and Head |
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| 2002 - 2003 |
Loyola University New Orleans School of Law |
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Visiting Professor of Law |
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| 1999 - 2003 |
The University of Queensland
The Australian Institute of Foreign and Comparative Law, T C Beirne School of Law
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Garrick Professor of Law
Director |
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| 1995 - 1996 |
J Reuben Clark Law School, Brigham Young University, Utah |
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Visiting Professor of Law |
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| 1994 - 1999 |
The University of Queensland, T C Beirne School of Law |
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Professor of Law |
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| 1991 - 1994 |
The University of Queensland, T C Beirne School of Law |
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Associate Professor of Law |
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| 1991 (1st sem.) |
University of Notre Dame, Indiana, Notre Dame Law School |
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Research Scholar |
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| 1988 - 1990 |
The University of Queensland, T C Beirne School of Law |
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Senior Lecturer in Law |
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| 1987 |
European University Institute, Florence, Italy |
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Jean Monnet Fellow in Law |
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| 1983 - 1986 |
The New South Wales Institute of Technology, Faculty of Law, Sydney
University of Sydney, Faculty of Law, Department of Jurisprudence |
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Lecturer in Law
Lecturer in the Law of the European Communities (part-time) |
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| 1982 - 1983 |
The New South Wales Institute of Technology, Faculty of Law, Sydney
University of Sydney, Faculty of Law, Department of Jurisprudence |
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Associate Lecturer
Postdoctoral Fellow (part-time) and Tutor (part-time) |
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| 1979 - 1982 |
University of Sydney, Faculty of Law, Department of Jurisprudence
Belgian Chamber of Commerce for Australia |
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Research Scholar
Federal Executive Director |
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| 1978 - 1979 |
Ethnic Affairs Commission of New South Wales |
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Project Officer (Legal Affairs) |
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| 1977 - 1978 |
Ethnic Communities' Council of New South Wales |
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Executive Officer |
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| 1975 - 1977 |
University of New South Wales, Faculty of Law, Sydney |
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Research Officer |
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| 1973 - 1974 |
Comparative Law and Legal Logic in the University of Salzburg, Faculty of Law, Austria |
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Lecturer (part-time) in Jurisprudence |
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| 1971 - 1974 |
Belgian Interuniversity Centre of Public Law |
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Research Fellow |
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| 1970 - 1971 |
Court of Appeals of Ghent, Belgium |
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Barrister |
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Certificate IV in Real Estate Practice, Real Estate Institute of Queensland, 2000
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GCEd., (Graduate Certificate in Education), The University of Queensland, Australia: Education Department, 1998
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Ph.D., University of Sydney, Australia: Faculty of Law, 1979-1982
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LL.M., Northwestern University, Chicago: School of Law, 1972
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J.D. (Hons), Degree of Doctor in de Rechten, Catholic University of Leuven, Belgium: Faculty of Law, 1967-1970
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Ph.B, Degree of Baccalaureus in de Wijsbegeerte
Units taught and coordinated:
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Constitutional Law
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Commercial Law
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European Union Law
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Comparative Law
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International Trade Law
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Coach of semi finalist team, 12th Annual Willem C Vis International Commercial Arbitration Moot, Vienna, 2005 |
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Centenary Medal, (for services to education and to students of the University of Queensland), 2003 |
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Coach of winning team, Ninth Willem C Vis International Commercial Arbitration Moot, Vienna, 2002 (Pieter Sanders Award for Best Memorandum, and Martin Domke Award, Best Oralist) |
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Coach of winning team, Regional Willem C Vis International Commercial Arbitration Moot, Supreme Court of Louisiana, United States, 2002 (Gambit Cup) |
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Coach of grand finalist, 19th Annual John Marshall Information Technology and Privacy Law Moot, Chicago, 2000 |
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Coach of winning team, Seventh Willem C Vis International Commercial Arbitration Moot, Vienna, 2000 (Frédéric Eisemann Award) |
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Winner, The Australian Teaching Award in Law and Legal Studies, 1999 |
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Coach of grand finalist, Fifth Willem C Vis International Commercial Arbitration Moot, Vienna, 1998 |
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Coach of winning team, Fourth Willem C Vis International Commercial Arbitration Moot, Vienna, 1997 (Frédéric Eisemann Award) |
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University of Queensland Law Society (UQLS) Excellence in Tutoring Award, 1996 |
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Distinguished Service Award, J Reuben Clark Law School, Brigham Young University, United States, 1996 |
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Certificate of Acclaim, The Institute of International Commercial Law, Pace University School of Law, 1995 |
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Knight of the Order of the Crown (conferred by his Majesty King Albert II of Belgium), 1995 |
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Certificate for Excellence in Lecturing (UQLS), 1994 |
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University of Queensland Law Society (UQLS) Excellence in Teaching Award, 1993 |
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University of Queensland Excellence in Teaching Award, 1992 |
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University of Queensland Law Society (UQLS) Excellence in Teaching Award, 1992 |
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University of Queensland Law Society (UQLS) Excellence in Teaching Award, 1991 |
Books
- International Trade and Business: Law, Policy and Ethics (2nd ed.), Routledge/Cavendish, London (2006), 649pp. (co-authored with Peter Gillies).
- The Convergence of Legal Systems in the 21st Century (ed.), Australian Institute of Foreign and Comparative Law, Brisbane (2002), 564pp.
- Lumb & Moens, The Constitution of the Commonwealth of Australia Annotated, 6th ed., Butterworths, Sydney (2001), xxxix, 480pp. (co-authored with J Trone)
- Constitutional and International Law Perspectives (ed.), The University of Queensland Press, Brisbane (2000), viii, 271pp.
- Jurisprudence of Liberty (ed.), Butterworths, Sydney (1996), 320pp. (co-edited with Suri Ratnapala).
- The Constitution of the Commonwealth of Australia Annotated, 5th ed., Butterworths, Sydney (1995), l, 676pp. (co-authored with R D Lumb).
- Business Law of the European Community (with foreword by The Rt. Hon. Lord Slynn of Hadley), DataLegal Publications Pty. Ltd. (1993), 361pp. (co-authored with David Flint).
- Academic Freedom Today (ed.), Australian Society of Legal Philosophy, Federation Press, Sydney (1992), xiii, 100pp.
- The Illusions of Comparable Worth (with foreword by Professor Charles Rice), Centre for Independent Studies, Sydney (1992), xvi, 106pp. (co-authored with Suri Ratnapala)
- The Decline of the University (with foreword by Professor Darrell Lumb), Law Press, Tahmoor N.S.W. (1990), xvi, 178pp. (co-authored with Philip de Lacey).
- Logische Verfahren der juristischen Begründung (The Application of Logical Decision Procedures in Judicial Reasoning), Springer Verlag, Vienna - New York (1976), viii, 111pp. (co-authored with Ilmar Tammelo).
- Equality for Freedom. A Critical Study of Unresolved Problems of School Desegregation in the United States (with preface by Professor Victor G. Rosenblum), Wilhelm-Braumüller Universitäts-Verlagsbuchhandlung, Vienna-Stuttgart (1976), vii, 73pp.
Articles
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“The Mysteries of Problem-Based Learning: Combining Enthusiasm and Excellence” in (2007) 38, University of Toledo Law Review, 101-110.
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“Teaching of Comparative Law and Comparative Law Teaching” in Convergence of Legal Systems in the 21st Century, Bruylant Bruxelles, 2006, 265-299 (co-authored with Rodolphe Biffot).
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“The Willem C Vis international commercial arbitration moot 2004-05” in (2006) 9 International Trade and Business Law Review (co-authored with Nicholas John Collie, Thomas William Fitzgerald, Katherine Mary Hevron, Madge Puja Mukund and Michael Taylor), 215-319.
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“An Assessment of Incoterms 2000” (with Peter Gillies ) in (2004) 20 Annual Report of Institute for Legal Research, 1-33.
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“Reflections on commercial dispute resolution” in (2004) 7 ADR Bulletin, 41-46, reprinted in vol. 15, No. 8 World Arbitration & Mediation Report (August 2004), 242-246.
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“The menace of neutrality in religion” in (2004) Brigham Young University Law Review, 535-574.
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“The subsidiarity principle in European Union Law and the Irish abortion issue” in Law, Legal Culture and Politics in the Twenty First Century (ed. G. Doeker- M ach and K. Ziegert), Stuttgart: Franz Steiner Verlag, 2004, 424-438, reprinted in Law and Legal Culture in Comparative Perspective, Stuttgart : Franz Steiner Verlag (ed. G. Doeker-Mach and K. Ziegert), 2004, 406-420.
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“The subsidiarity principle in European Community Law and the Irish abortion issue” in (2003) 9 Jus Gentium, 35-71.
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“The Willem C Vis international commercial arbitration moot 2001-2002” in (2003) 8 International Trade and Business Law Annual (co-authored with Mariel Dimsey, Sabine Erkens, Benjamin Jackson, Ryan Goss, Andrew Hodge, Siobhan McKeering, Elena Zaccaria), 311-425.
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“Preferential Admission Programs in Professional Schools: DeFunis, Bakke and Grutter” in (2002) 42 Loyola Law Review, 411-503.
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“The Willem C Vis international commercial arbitration moot 2000-2001 ” in (2002) 7 International Trade and Business Law Annual (co-authored with Kathryn Louise Brown, Mariel Brooke Dimsey, Martin Ehrenberg, Michael Robert Hodge, Radha Dawn Ivory, Thomas Jens John, Christopher Peters), 325-435.
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“The Willem C Vis international commercial arbitration moot 1999-2000” in (2001) 6 International Trade and Business Law Annual (co-authored with Sophie Maree Devitt, Sarah Catherine Holland, Thomas Jens John, Kateena Anne O’Gorman, and Andrew Carl Stumer), 375-476.
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"A New Approach to International Commercial Contracts: The UNIDROIT Principles of International Commercial Contracts: the Australian Experience" in (2000) 5 International Trade and Business Law Annual, 219-254 (co-authored with Lisa Cohn and Darren Peacock).
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"The Willem C Vis international commercial arbitration moot 1998-1999 " in (2000) 5 International Trade and Business Law Annual (co-authored with Peter Black, Jonathan Cheyne, Avryl Lattin, Annelies Moens, and Carly Roberts), 309-415.
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"Australia: A new approach to international commercial contracts" in A New Approach to International Commercial Contracts (ed. J Bonell), Kluwer Law International, 1999, 19-54 (co-authored with Lisa Cohn and Darren Peacock).
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"Intensive law teaching: Flexibility enhancing strategies for law schools" in (1999) International Law School Deans' Conference on Legal Education for the 21st Century, 444-457 (also in Chinese: 458-464).
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"The Willem C Vis international commercial arbitration moot 1996-97" in (1998) 4 International Trade and Business Law Annual (co-authored with Joanne Coates, Lisa Cohn, Lisa Ford, Jacqueline Mowbray, Darren Peacock, Dugald Wishart), 215-278.
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"The role of the states in High Court appointments" in (1997) 9 Upholding the Constitution, 17-38.
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"The Willem C Vis international commercial arbitration moot 1995-96" in (1997) 3 International Trade and Business Law Annual (co-authored with P Gregory Bashaw, Martha Branigan, Stacy M Cheney, Joseph M Geis, and Peter R Jones), 277-347.
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"Equal opportunities not equal results: 'equal opportunity' in European law after Kalancke in (1997) 23 Journal of Legislation, 43-59.
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"Church and state relations in Australia and the United States: The purpose and effect approaches and the neutrality principle" in (1996) 4 Brigham Young University Law Review, 787-813.
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"The Willem C Vis international commercial arbitration moot 1994-95" in (1996) 2 International Trade and Business Law Annual (co-authored with Teresa Baldwin, Zeke Bentley, Greg Elphinston, David Kirkpatrick and Frederique Meyer), 229-275.
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"Bank confidentiality and governmental control of exchange operations and of their unlawful effects - Australia" in Money Laundering and Banking Secrecy (ed. Paolo Bernasconi), Kluwer Law International), 1996, 31-48.
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"Law, legal theory and liberty" in Jurisprudence of Liberty (eds. G. A. Moens and S. Ratnapala), Sydney, Butterworths, 1995, 1-13.
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"The German borderguard cases: Natural law and the duty to disobey immoral laws" in Jurisprudence of Liberty (eds. G.A. Moens and S. Ratnapala ), Sydney, Butterworths, 1995, 146-164.
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"Banking confidentiality and state control of currency transactions and related criminal activities" in Australian Law and Legal Thinking in the 1990s (eds. A.E-S Tay and C. S.C. Leung), Sydney, University of Sydney, 1994, 249-262.
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"The wrongs of a constitutionally entrenched bill of rights" in Republic Or Monarchy? Legal and Constitutional Issues (ed. M.A. Stephenson and C. Turner), St. Lucia, University of Queensland Press, 1994, 233-256.
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"Mabo and political policy-making by the High Court" in Mabo: A Judicial Revolution (eds. M.A. Stephenson and S. Ratnapala), St. Lucia, University of Queensland Press, 1993, 48-62.
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"Minority situations: In search of peaceful and constructive solutions" (1991) 66 Notre Dame Law Review, 1347-1350.
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"Judicial law-making in the European Court of Justice" (1992) 17 University of Queensland Law Journal, 76-110 (co-authored with Ted Tzovaras).
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"Diversity demystified: A comment on Dinesh D'Souza's Illiberal Education" (1992) 38 Australian Journal of Politics and History, 270-273.
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"Freedom of movement of goods in the European Economic Community" (1990) 17 Melbourne University Law Review, 733-743.
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"Sexual harassment and the Sex Discrimination Act 1984" (Autumn 1990) Policy, 25-28.
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"The 1992 challenge: The right of establishment and the freedom of movement of goods in the European Community" (1990) 16 University of Queensland Law Journal, 70-92.
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"Can you bank on a bank? An examination of the customer-bank relationship in light of the Cheques and Payment Orders Act 1986 (Cth)" (1989) 15 University of Queensland Law Journal, 183-208. .
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"The Action-Belief dichotomy and freedom of religion" (1989) 12 Sydney Law Review, 195-217.
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"Ilmar Tammelo: A personal appreciation" (1983) 10 Sydney Law Review, 128-142 (co-authored with Julius Stone).
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"Otto Bondy (1904-1976)" (1978) 29 Österreichische Zeitschrift für öffentliches Recht und Völkerrecht, 1-4 (co-authored with Julius Stone).
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"Die Gestaltungsmethode und ihre rechtslogischen Anwendungen" (The Formation Method and Its Applications in Legal Logic) in Strukturierungen und Entscheidungen im Rechtsdenken (I. Tammelo and H. Schreiner, eds., 1978), 83-94.
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"Gleichheit als Wesensmerkmal der Gerechtigkeit" (Equality as the Core of Justice) (1975) 61 Archiv für Rechts- and Sozialphilosophie, 485-495.
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The Counter-Formula method and its applications in international judicial reasoning" (1975) 3 Syracuse Journal of International Law and Commerce, 165-180.
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