Books by Lawrence McNamara
Papers by Lawrence McNamara
Law at BIICL. She is a qualified German lawyer, specialised in private international law, interna... more Law at BIICL. She is a qualified German lawyer, specialised in private international law, international litigation and comparative law. Eva Lein has lectured and published extensively on cross-border litigation and coordinated various comprehensive research projects, including empirical studies. She coordinated the present study.
Legal Education Review
The development of Australian law teaching in recent years has been characterised by critical and... more The development of Australian law teaching in recent years has been characterised by critical and reflective approaches to educational theory and practice. These developments have transformed teaching through a critical consideration of what happens in law school classrooms. As institutional moves towards flexible delivery alter the landscape of higher education, the classroom-based focus of law teaching is under challenge; it has become increasingly necessary for law teachers to explore nontraditional modes of course delivery, including teaching using the Internet.
With a ferocity unimagined': thinking about mental illness and discrimination law
Alternative Law Journal, 1996
Australian Legal Research: Exercises and Tasks
The right to know
BMJ, 1991
Closure, Caution and the Question of Chilling: How Have Australian Counter-Terrorism Laws Affected the Media?
Law, 2009
Australian media organisations have expressed great concern that counter-terrorism laws restrict ... more Australian media organisations have expressed great concern that counter-terrorism laws restrict the ability of the media to report on matters related to terrorism and security. This article considers that proposition. It begins by examining the potential effects of these laws on the media's ability to access and publish information about terrorism offences. It then presents the findings of a project that explores the actual effects of the laws. Based on interviews with Australian journalists, media lawyers and criminal lawyers, the research set out to establish what is happening on the ground when the media are reporting on terrorism. It argues that counter-terrorism laws have had substantial direct effects on court reporting and, while it cannot yet be said that there is a chilling effect, a very worrying range of issues remains and the laws have indirect effects on the media which are detrimental and complex.
Legal Education Review, 2000
Graduate attributes may be broadly defined as the qualities, capabilities and understandings of a... more Graduate attributes may be broadly defined as the qualities, capabilities and understandings of a graduate which a university community agrees students should develop during their time at the institution, both for their future professions and to make a contribution as ordinary citizens. This article examines the benefits and disadvantages of an integrated and incremental approach to developing these attributes, and to teaching the generic and legally specific skills that underpin them in an undergraduate law program. The progress toward the integration of both generic and lawyering skills within the undergraduate law program at the Queensland University of Technology (QUT) will be used as the exemplar for this article.
Journal of Media Law, 2009
Scholarly study of the regulation of hate speech is in many respects well-trodden ground in liber... more Scholarly study of the regulation of hate speech is in many respects well-trodden ground in liberal democracies. A substantial body of literature in the United States, Europe, Canada, Australia and elsewhere traverses a very wide range of issues. It often proceeds by exploring the target or type of hate speech. Early analyses typically focused on race but extensions through to religion, sexuality and gender are now all fairly familiar. The constitutional and philosophical bases upon which regulation might rest are frequently debated. The wisdom, practicality and effectiveness of legislation is regularly criticised and defended, as is the application of the law in any number of different circumstances. So, in an ocean of existing inquiry, what does this edited collection contribute? There are, I think, two answers. The first is, 'a good deal indeed' , and the second is, 'not quite as much as it might have done'. Extreme Speech and Democracy is a collection of pieces that flowed out of a conference at Cambridge University in 2007. There are 31 chapters, of which around 20 are based on papers presented at the conference while the remainder were secured after the event. The contributors are not only from the discipline of law and they are drawn from several countries. The editors, Ivan Hare and James Weinstein, have done a remarkable job in bringing together this large, exceptional group of leading scholars and excellent contributions from a number of disciplines and several countries. Anyone who has ever tried to corral even a small group of academics will know that it is a task akin to herding cats; I am in awe at what Hare and Weinstein have achieved. And so some of what follows makes me feel a little ungracious, like a guest who has just finished a superb meal of many courses and then upon leaving is rude enough to say to the host, 'Thank you for a magnificent meal, but didn't you think it would be better if the food had been served on fancier plates?' The book opens with a seven-page 'general introduction' by the editors: 'Free Speech, Democracy, and the Suppression of Extreme Speech Past and Present'. It is then divided into seven parts. Part I, 'Introduction and background' , runs to 120 pages. This is followed by 'Hate Speech' (II), 'Incitement to Religious Hatred and Related Topics' (III), 'Religious Speech and Expressive Conduct that Offend Secular Values (IV), 'Incitement to, and Glorification of, Terrorism' (V), 'Holocaust Denial' (VI), and 'Governmental and Self-Regulation of the Media' (VII). There is a detailed table of contents and quite a good index which, together, enable a reader looking for discussion of particular issues to locate their interests across the volume. The collection presents a difficult task for a reviewer. The large number of contributions makes it impractical to address each unless one resorts to mere description. The fact that many pieces are not specifically mentioned below does not mean that they
Australian Journal of Human Rights, 2000
The first time someone walked up and said 'sambo', it sort of shocked me. 5 An Aboriginal AFL pla... more The first time someone walked up and said 'sambo', it sort of shocked me. 5 An Aboriginal AFL player.l !Michael Long] wants to clean it up for his race, the indigenous people of Australia ... It's not in the footy area really. It's more a debate on how you want to live in Australia beyond 2000. Kevin Sheedy (coach of the Essendon Football Club).2 Introduction Football is not just a sport.3 It is a cultural practice imbued with the history of Australian race relations. The subjection of Aboriginal people to racist abuse was, until very recent times, simply a part of the game, witnessed and participated in by players, officials and spectators alike. 4 Racist slurs. against indigenous players Lecturer, Faculty of Law, UWS Macarthur, Australia. My thanks to the NSW Law Foundation for partial funding of the research through the Legal Scholarship Fund, and to the Division of Law at Macquarie University where I completed this piece during my stay as a Visiting Scholar in 2000. I am grateful to Tracey Booth, David Fraser, Colin Tatz and two anonymous referees for their comments on drafts. Finally. I would like most of all to thank the footballers who took part in the interviews and the numerous club officials who made those interviews possible; I hope I have done justice to their comments. Interview. See note 27 and accompanying text below. 2 'Bombers to maintain the rage on racism' The Australian, 8 May 1995. 3 Although the term 'football' in this paper should be taken to mean Australian football, the same comment applies to all codes; the social. cultural and political significance of sport is widely documented. Almost any book on sport will refer to these matters, though too few Australian works on football take it seriously, especially when it comes to race. The standout exception is Colin Tatz's work; such relationships are the very essence of the analysis in his comprehensive history Obstade Race:
<i>Religious Discrimination and Hatred Law</i> by Neil Addison
The Entertainment and Sports Law Journal, 2008
The place of religion in society and modernity is among the most contentious political issues in ... more The place of religion in society and modernity is among the most contentious political issues in the first decade of the 21st century. Faith has been remarkably resilient and resurgent in the face of the secularisation that has characterised Western liberal democracies since the Enlightenment. The mobilisation of Christianity, in particular, has been central to political contests in the United States in recent years. The rise of evangelicalism has been observed in Australia as an emerging political consideration. In the United Kingdom the resurgence of Christianity has been less marked – former Prime Minister Tony Blair waited until his departure from office to convert to Catholicism – but religion in Britain receives constant and often critical attention. This is, arguably, most apparent in discussions of the ways that Islam takes its place in a multi-faith body politic and human rights laws offer protection for both freedom of religion and protection against discrimination that ma...
Confidential sources and the legal rights of journalists: re-thinking Australian approaches to law reform
Abstract: This article examines Australian approaches to 'shield laws' for journalists,... more Abstract: This article examines Australian approaches to 'shield laws' for journalists, focusing on the Commonwealth's 2009 reform proposals that look to increase protection. Using a comparative analysis with the United Kingdom, it seeks to introduce a new approach to the Australian ...
Review of Ivan Hare & James Weinstein (eds): Extreme Speech and Democracy, Oxford University Press (2009)
University of Reading. CentAUR: Central Archive at the University of Reading. Accessibility navig... more University of Reading. CentAUR: Central Archive at the University of Reading. Accessibility navigation. Review of Ivan Hare & James Weinstein (eds): Extreme Speech and Democracy, Oxford University Press (2009). McNamara ...
Reporting local terrorism: The media and the state, opinion piece
Anti-terrorism laws and the Australian media
Must prove Haneef was reckless
Reporting on terrorism cases: From open justice to closed courts
University of Reading. CentAUR: Central Archive at the University of Reading. Accessibility navig... more University of Reading. CentAUR: Central Archive at the University of Reading. Accessibility navigation. Reporting on terrorism cases: From open justice to closed courts. McNamara, L. (2009) Reporting on terrorism cases: From open justice to closed courts. Precedent, 92. pp. ...
The Things You Need: Racial Hatred, Pauline Hanson and the Limits of the Law
The ‘Shun and Avoid’ Test as the Basis for Actionability
Reputation and Defamation, 2007
It is commonly said that the supplementary ‘shun and avoid’ and ridicule tests are distinguished ... more It is commonly said that the supplementary ‘shun and avoid’ and ridicule tests are distinguished from the principal test because words can be actionable under these tests even if they do not suggest that the plaintiff has been at fault. The distinction is said to be supported by authority that goes back to the time before the common law's claim to protect reputation was firmly established. The analysis of the ‘shun and avoid’ test in this chapter is structured around these two themes of moral fault and precedent. A study of imputations regarding chastity, disease, and insanity leads to a rejection of the moral fault distinction in favour of a focus on moral worth, and shows that the ‘shun and avoid’ test has little basis in precedent. Accordingly, there needs to be a substantial revision of the place the ‘shun and avoid’ test occupies in the contemporary legal framework.
Index on Censorship, 2009
Lawrence McNamara puts reputation in the balance and considers why it needs legal protection
Moral Judgment and Conceptions of Reputation
Reputation and Defamation, 2007
This chapter asks how the conceptions of reputation in the literature (and especially those in Ro... more This chapter asks how the conceptions of reputation in the literature (and especially those in Robert Post's work) can be of assistance in understanding the nature of reputation. Section I examines and rejects the proposition that reputation is a form of property. Section II eschews the conception of reputation as honour in favour of a more richly rewarding inquiry into honour as a concept. Drawing on historical and anthropological work. It argues that honour can best be understood in terms of the ‘moral taxonomies’ that underpin judgments of social and self-worth in a community. The connections between social and self-worth, and between honour, reputation, and dignity, suggest that the idea of a moral taxonomy will also be a useful way to think about honour and dignity, and about reputation and its relationships to defamation law.
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Books by Lawrence McNamara
Papers by Lawrence McNamara