From Borders to Pathways: Innovations and Regressions in the Movement of People into Europe examines the evolution of European migration policy, offering a forward-looking analysis that extends beyond traditional border controls to innovative legal migration pathways.

This study builds on a close examination of an archive of files that advised the Australian Commonwealth Executive on Papua New Guineans found guilty of capital offences in PNG between 1954 and 1965. These files provide telling insight into conceptions held by officials at different stages of the justice process into justice, savagery and civilisation, and colonialism and Australia’s role in the world.

Subjects and Aliens confronts the problematic history of belonging in Australia and New Zealand. In both countries, race has often been more important than the law in determining who is considered ‘one of us’.

What does Australia’s Constitution say about national identity? A conventional answer might be ‘not much’. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation.

For centuries, law was used to subordinate women and exclude them from the public sphere, so it cannot be expected to become a source of equality instantaneously or without resistance from benchmark men—that is, those who are white, heterosexual, able-bodied and middle class. Equality, furthermore, was attainable only in the public sphere, whereas the private sphere was marked as a site of inequality; a wife, children and servants could never be the equals of the master.

Since the introduction of voluntary assisted dying in 2019, a ‘new moment’ in the governance of life and death has opened up within the Australian context. This new moment demands new questions be asked regarding the regime and its effects in this new era for law, health care and justice.

How can power over others be transformed to ‘power with’? It is possible to transform many institutions to build societies with less predation and more freedom. These stretch from families and institutions of gender to the United Nations. Some societies, times and places have crime rates a hundred times higher than others. Some police forces kill at a hundred times the rate of others. Some criminal corporations kill thousands more than others. Micro variables fail to explain these patterns. Prevention principles for that challenge are macrocriminological.

‘While devoting fine attention to the stuff of everyday life, Deborah Cass was also a brilliant scholar. Although the deep sense of loss and sadness at Deborah’s death remains, it is wonderful to have her writings as a continuing source of inspiration and consolation. In them, we continue to hear Deborah’s firm, clear voice, her appreciation of language, her seriousness, her curiosity, her sensitivity and her wry humour.’
—Professor Hilary Charlesworth

Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people’s rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change.

The Assessment in Legal Education book series offers perspectives on assessment in legal education across a range of Common Law jurisdictions. Each volume in the series provides: