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Law Research Paper Competition 2012 Ford

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Research Reports & Research Papers

This webpage of research reports and papers has been established to disseminate research and contribute to debate about corporate law issues.

2017

2016

  • The Incidence and Causes of Personal Bankruptcy in Australia (2016) By Paul Ali and Malcolm Edward Anderson and Lucinda O'Brien and Ian Ramsay
  • Super Behaviour: A Note on Young Australian Adults’ Engagement with their Superannuation Accounts (2016) By Malcolm Edward Anderson and Martin Clark and Ian Ramsay and Chander Shekhar
  • At the Coalface of Corporate Insolvency and Phoenix Activity: A Survey of ARITA and AICM Members (2016) By Helen L. Anderson and Jasper Hedges and Ian Ramsay and Michelle Anne Welsh
  • The Role of Legal Hardship Protections in Coping with Debt Problems: Insights from a Survey of Consumers (2016) By Paul Ali and Evgenia Bourova and Ian Ramsay
  • Employment Restraints of Trade: An Empirical Study of Australian Court Judgments (2016) By Hui Xian Chia and Ian Ramsay
  • An Analysis of Shareholder Resolutions Involving Australian Listed Companies from 2004 to 2013 (2016) By Hui Xian Chia and Ian Ramsay
  • The Who, Why and What of Enforceable Undertakings Accepted by the Australian Securities and Investments Commission (2016) By Helen Louise Bird and George Gilligan and Ian Ramsay
  • The Australian Sports Commission's Governance Reform in Sport Discussion Paper and Voting Rules in Corporate Constitutions (2016) By Robert D. Macdonald and Ian Ramsay
  • Illegal Phoenix Activity: Quantifying Its Incidence and Cost (2016) By Helen L. Anderson and Ian Ramsay and Michelle Anne Welsh
  • The Statutory Right to Seek a Credit Contract Variation on the Grounds of Hardship: A History and Analysis (2016) By Paul Ali and Evgenia Bourova and Ian Ramsay
  • Australia's Financial Ombudsman Service: An Analysis of its Role in the Resolution of Financial Hardship Disputes (2016) By Paul Ali and Evgenia Bourova and Joseph Horbec and Ian Ramsay
  • An Empirical Study of Australian Judicial Decisions Relating to Insolvency Practitioner Remuneration (2016) By Stacey Steele and Vivien Chen and Ian Ramsay
  • From Enforcement to Prevention: International Cooperation and Financial Benchmark Reform (2016) By Andre Dao and Andrew Godwin and Ian Ramsay
  • Bankruptcy, Social Security and Long Term Poverty: Results from a Survey of Financial Counsellors and Consumer Solicitors (2016) By Paul Ali and Lucinda O'Brien and Ian Ramsay
  • Has the Introduction of Civil Penalties Increased the Speed and Success Rate of Directors’ Duties Cases? (2016) By Jasper Hedges and Ian Ramsay
  • An ASEAN Framework for Cross-Border Cooperation in Financial Consumer Dispute Resolution (2016) By Vivien Chen and Andrew Godwin and Ian Ramsay
  • Twin Peaks and Financial Regulation: The Challenges of Increasing Regulatory Overlap and Expanding Responsibilities (2016) By Andrew Godwin and Steve Kourabas and Ian Ramsay
  • Short-Form Disclosure Documents ― An Empirical Survey of Six Jurisdictions (2016) By Andrew Godwin and Ian Ramsay
  • The Financial Literacy of Young People: Socio-Economic Status, Language Background and the Rural-Urban Chasm (2016) By Paul Ali and Malcolm Edward Anderson and Cosima Hay McRae and Ian Ramsay
  • Enforcement of Financial Market Manipulation Laws: An International Comparison of Sanctions (2016) By Lev Bromberg and George Gilligan and Ian Ramsay
  • Sanctions Imposed for Insider Trading in Australia, Canada (Ontario), Hong Kong, Singapore, New Zealand, the United Kingdom and the United States: An Empirical Study (2016) By Lev Bromberg and George Gilligan and Jasper Hedges and Ian Ramsay
  • Constitutional Voting Rules of Australian National Sporting Organizations: Comparative Analysis and Principles of Constitutional Design (2016) By Robert D. Macdonald and Ian Ramsay
  • Cross-Border Cooperation in Bank Resolution: A Framework for Asia (2016) by Vivien Chen, Andrew Godwin and Ian Ramsay
  • An Empirical Analysis of Public Enforcement of Directors' Duties in Australia: Preliminary Findings (2016) by Jasper Hedges, Helen Bird, George Gilligan, Andrew Godwin and Ian Ramsay
  • An Empirical Analysis of the Use of Enforceable Undertakings by the Australian Securities and Investments Commission between 1 July 1998 and 31 December 2015 (2016) by Helen Bird, George Gilligan, Andrew Godwin, Jasper Hedges and Ian Ramsay

2015

  • Quantifying Phoenix Activity: Incidence, Cost, Enforcement (October 2015) By Anderson, H, O'Connell, A, Ramsay, I, Welsh, M, and Withers, H.
  • ‘Regulating by Numbers: The Trend Towards Increasing Empiricism in Enforcement Reporting by Financial Regulators’ (2015) 9 Law and Financial Markets Review 260 By George Gilligan, Jasper Hedges, Paul Ali, Helen Bird, Andrew Godwin and Ian Ramsay
  • ‘Financial Services Misconduct and the Corporations Act 2001’ (Working Paper No 2, Centre for Corporate Law & Securities Regulation, The University of Melbourne, 31 July 2015) By George Gilligan and Helen Bird
  • 'Financial Hardship: Insights from a Survey of Financial Counsellors' (Research Report, Financial Hardship Project, Melbourne Law School, The University of Melbourne, December 2015) By P Ali, E Bourova and I Ramsay
  • 'Responding to Consumers' Financial Hardship: An Evaluation of the Legal Frameworks and Company Policies' (2015) 23 Competition and Consumer Law Journal 29 By P Ali, E Bourova and I Ramsay
  • 'A Quick Fix? Credit Repair in Australia' (2015) 43 Australian Business Law Review 179-205 By P Ali, L O'Brien and I Ramsay
  • ‘Financial Counselling and the Self-Represented Debtor in the Federal Circuit Court Bankruptcy List: An Analysis of a Recent Pilot Service’ (2015) 23.4Insolvency Law Journal 161 By P Ali, L O’Brien and I Ramsay
  • 'Perspectives of Financial Counsellors and Consumer Solicitors on Personal Insolvency' (Research Report, Personal Insolvency Project, Melbourne Law School, The University of Melbourne, September 2015) By P Ali, L O'Brien and I Ramsay
  • ‘Federal Circuit Court Financial Counselling Project Evaluation' (Research Report, Personal Insolvency Project, Melbourne Law School, The University of Melbourne, August 2015) By P Ali, L O'Brien and I Ramsay
  • ‘“Short a Few Quid”: Bankruptcy Stigma in Contemporary Australia’ (2015) 38.4 University of New South Wales Law Journal 1575 By P Ali, L O’Brien and I Ramsay

2014

  • Worker and shareholder protection in six countries: A longitudinal analysis (2014) By Peter Gahan, Ian Ramsay and Michelle Welsh
  • Legal Transplants and Adaptation in a Colonial Setting: Company Law in British Malaya (2014) By Petra Mahy and Ian Ramsay
  • Insider trading enforcement in Australia  (2014) By Victor Lei and Ian Ramsay
  • Behavioural Law and Economics: Regulatory Reform of Consumer Credit and Consumer Financial Services (2014) By Paul Ali, Ian Ramsay and Cate Read
  • Conflicted directors: What is required to avoid a breach of duty? (2014) By Rosemary Teele Langford and Ian M Ramsay
  • Consumer rights awareness of young Australians (2014) By Paul Ali, Malcolm Anderson, Cosima McRae and Ian Ramsay
  • Defining and Profiling Phoenix Activity (2014) By Associate Professor Helen Anderson, Professor Ann O'Connell, Professor Ian Ramsay, Associate Professor Michelle Welsh and Hannah Withers
  • Superannuation Knowledge, Behaviour and Attitudes in Young Adults in Australia (2014) By Paul Ali, Malcolm Anderson, Martin Clark, Ian Ramsay and Chander Shekhar
  • Shareholder Protection in Australia: Institutional Configurations and Regulatory Evolution (2014) By Richard Mitchell, Anthony O'Donnell, Ian Ramsay and Michelle Welsh
  • The Financial Literacy of Young Australians: An Empirical Study and Implications for Consumer Protection and ASIC's National Financial Literacy Strategy (2014) By Paul Ali, Malcolm Anderson, Cosima McRae and Ian Ramsay
  • An Analysis of Companies' Corporate Objectives (2014) By Reegan Grayson-Morison and Ian Ramsay
  • Financial Hardship: The Legal Frameworks (2014) by Paul Ali, Evgenia Bourova and Ian Ramsay
  • Securities Lending, Empty Voting and Corporate Governance (2014) by Paul Ali, Ian Ramsay and Benjamin Saunders
  • Responsibilities of the Board of Directors: A Research Note (2014) by Reegan Grayson-Morison and Ian Ramsay
  • Financial Literacy and Financial Decision-making of Australian Secondary School Students (2014) by Paul Ali, Cosima McRae and Ian Ramsay
  • The Legal Structure and Regulation of Securities Lending (2014) by Paul Ali, Ian Ramsay and Ben Saunders
  • The Law of Close Corporations: Australia by Dr Pamela Hanrahan (2014)

2013

2012

  • An Appraisal of the Report as to Affairs for Insolvent Companies: A Survey of the Views of Official Liquidators (2012) by Peter J Keenan
  • Consumer Credit Reform and Behavioural Economics: Regulating Australia's Credit Card Industry (2012) by Paul Ali, Cosima McRae and Ian Ramsay
  • Company Securities Trading Policies: An Empirical Study (2012) by Ian Ramsay and Chander Shekhar
  • Employee Participation in Employee Share Ownership Planes: The Law, Company Objectives and Employee Motives (2012) by Michelle Brown, Rowan Minson, Ann O'Connell and Ian Ramsay
  • Investor and Worker Protection in Australia: A Longitudinal Analysis (2012) by Helen Anderson, Peter Gahan, Richard Mitchell, Ian Ramsay and Michelle Welsh
  • Shareholder and creditor protection in Australia: a leximetric analysis (2012) by Helen Anderson, Michelle Welsh, Ian Ramsay and Peter Gahan
  • Stakeholders and Directors' Duties: Law, Theory and Evidence (2012) by Shelley Marshall and Ian Ramsay
  • The Evolution of Shareholder and Creditor Protection in Australia: An International Comparison (2012) by Helen Anderson, Michelle Walsh, Ian Ramsay and Peter Gahan

2011

2010

2009

2008

2007

  • A History of Company Law in Colonial Australia: Economic Development and Legal Evolution (2007) by Phillip Lipton
  • Evaluating the Shareholder Primacy Theory: Evidence From a Survey of Australian Directors (2007) by Malcolm Anderson, Meredith Jones, Shelley Marshall, Richard Mitchell and Ian Ramsay
  • Company Directors' Views Regarding Stakeholders (2007) by Meredith Jones, Shelley Marshall, Richard Mitchell and Ian Ramsay
  • Seven: The Corporations Act, Corporate Governance, and Termination Payments to Senior Employees (2007) by Kym Sheehan and Colin Fenwick
  • Share-Based Remuneration and Termination Payments to Company Directors: What are the Rules? (2007) by Colin Fenwick and Kym Sheehan
  • Employee Share Ownership Plans in Australia - the Taxation Law Framework (2007) by Ann O'Connell
  • Employee Share Ownership Plans in Australia - the Corporate Law Framework (2007) by Ingrid Landau and Ian Ramsay
  • Employee Share Ownership - A Review of the Literature (2007) by Ingrid Landau, Richard Mitchell, Ann O'Connell and Ian Ramsay
  • An Overview of Existing Data on Employee Share Ownership in Australia (2007) by Ingrid Landau, Richard Mitchell, Ann O'Connell and Ian Ramsay

2006

2005

  • Steve Vizard, Insider Trading and Directors' Duties (2005) by Ian Ramsay, University of Melbourne
  • Fifty Years of Managed Funds in Australia (2005) by Bernard Mees, Monica Wehner and Pamela Hanrahan
  • From the Picketline to the Boardroom: Union Shareholder Activism in Australia (2005) by Kirsten Anderson and Ian Ramsay, University of Melbourne
  • Report for the Australian Communications and Media Authority on Reform of the Authority's Enforcement Powers (2005) by Ian Ramsay
  • Enlightened Shareholder Value and the New Responsibilities of Directors (2005) by Professor Paul Davies, London School of Economics and Political Science
  • Employee Entitlements and Corporate Insolvency and Reconstruction (2005) by Justice Simon Whelan, Supreme Court of Victoria and Leon Zwier, Partner, Arnold Bloch Liebler
  • Shareholder Value and Employee Interests: Intersections Between Corporate Governance, Corporate Law and Labour Law (2005) by Richard Mitchell, Anthony O'Donnell and Ian Ramsay, University of Melbourne
  • Australia Inside-Out: The Corporate Governance System of the Australian Listed Market (2005) by Alan Dignam and Michael Galanis
  • Employee Share Ownership Schemes in Australia: A Survey of Key Issues and Themes (2005) by Jarrod Lenne, Richard Mitchell and Ian Ramsay, University of Melbourne
  • Transporting the European Social Partnership Model to Australia (2005) by Paul Gollan, London School of Economics and Glenn Patmore, University of Melbourne

Pre-2005

  • Shareholder Meetings: Key Issues and Developments (2004) by John McCombe, Partner, Corrs Chambers Westgarth
  • The Role and Responsibilities of Directors on Board Sub-Committees (2004) by Andrew Lumsden, Partner, Corrs Chambers Westgarth
  • Insolvent Trading: An Empirical Study (2004) by Paul James, Ian Ramsay and Polat Siva, Clayton Utz and Centre for Corporate Law and Securities Regulation
  • The Impact of ACCC Enforcement Activity in Cartel Cases (2004) by Christine Parker, Paul Ainsworth and Natalie Stepaneko
  • A Better Framework: Reforming Not-For-Profit Regulation (2004) by Susan Woodward and Shelley Marshall, Centre for Corporate Law and Securities Regulation
  • Managed Investment Schemes: An Industry Report (2003) by Grant Moodie and Ian Ramsay, Centre for Corporate Law and Securities Regulation
  • Rebuilding Public Confidence in Financial Reporting (2003) by the International Taskforce commissioned by the International Federation of Accountants (of which Professor Ian Ramsay was a member)
  • Use of Prospectuses by Investors and Professional Advisers (2003) by Ian Ramsay, Harold Ford Professor of Commercial Law and Director of the Centre for Corporate Law and Securities Regulation
  • ASIC Enforcement Patterns (2003) by Helen Bird, Davin Chow, Jarrod Lenne and Ian Ramsay, Centre for Corporate Law and Securities Regulation
  • A Report on Corporate Governance at Five Companies that Collapsed in 2001 (2002) by Tim Watts, Senior Analyst, IA Research
  • Disclosure of Fees and Charges in Managed Investments (2002) by Ian Ramsay, Harold Ford Professor of Commercial Law and Director of the Centre for Corporate Law and Securities Regulation
  • An Appraisal of Socially Responsible Investments and Implications for Trustees and Other Investment Fiduciaries (2002) by Paul Ali and Martin Gold
  • How Section 667C of the Corporations Act Should be Interpreted and its Application to the Various Forms of Compulsory Acquisition (2002) by Allan Bulman
  • Independence of Australian Company Auditors (2001) by Ian Ramsay, Harold Ford Professor of Commercial Law and Director of the Centre for Corporate Law and Securities Regulation
  • 'Please Explain': ASX Share Price Queries and the Australian Continuous Disclosure Regime (2001) by Anne-Marie Neagle and Natasha Tsykin
  • Market Misconduct Provisions of the Financial Services Reform Act: Challenges for Market Regulation (2001) by Joe Longo
  • The New Takeovers Panel: Key Issues and Developments (2001) by Richard Cockburn, Director, Corporate Finance, Australian Securities and Investments Commission, Justin Mannolini, Partner, Freehills (Sydney), Simon McKeon, President, the Takeovers Panel and Executive Director of Macquarie Bank
  • Dual Listed Companies: Structure and Legal Issues (2001) by Cameron Rider, Partner, Allens Arthur Robinson and Jon Webster, Partner, Allens Arthur Robinson
  • Piercing the Corporate Veil (2001) by Ian Ramsay and David Noakes
  • Corporate Governance and Anti-Takeover Devices (2000) by Ian Ramsay, Helen Lange and Li-Anne Woo
  • Directors' Conflicts - Empirical Study (2000) by Ian Ramsay and Geof Stapledon
  • Corporate Governance: The Role of Superannuation Trustees (2000) A report prepared by the Centre for Corporate Law and Securities Regulation and Institutional Analysis for the Australian Institute of Superannuation Trustees
  • Proxy Voting in Australia's Largest Companies (2000) by Geof Stapledon, Sandy Easterbrook, Pru Bennett and Ian Ramsay
  • Share Buy-backs: An Empirical Investigation (2000) by Asjeet Lamba and Ian Ramsay
  • Political Donations by Australian Companies (2000) Ian Ramsay, Geof Stapledon and Joel Vernon
  • Sections 181 and 189 of the Corporations Law and Directors of Corporate Group Companies (2000) by John Kluver, Executive Director, Companies and Securities Advisory Committee
  • Papers Presented at the Future of Corporate Regulation Conference (2000)
    • The Hon Joe Hockey, Minister for Financial Services & Regulation, Opening Address
    • Ian Govey, General Manager, Civil Justice and Legal Services, Attorney-General's Department, "Measures to Address Wakim and Hughes: How the Referral of Powers will Work"
    • Joseph P Longo, National Director - Enforcement, Australian Securities and Investments Commission, "Constitutional Challenges Facing ASIC"
    • Dennis Rose AM and Professor Geoffrey Lindell, "A Constitutional Perspective on Hughes and the Referral of Powers"
    • The Honourable Justice R P Austin, Supreme Court of New South Wales, "The Role of Courts Following Hughes and Wakim and the Referral of Powers"
    • Associate Professor Michael Whincop, Faculty of Law, Griffith University, "Phoenix or Souffle? The Economics of the Rise, Fall and Second Rise of the National Scheme"
  • Anomalies Resulting from the Corporate Law Economic Reform Program Act 1999 (2000) Corporations Law Committee, Business Law Section, Law Council of Australia
  • To Whom are the Duties of a Company Director Owed? (2000) by Tom Bostock, Partner, Mallesons Stephen Jaques
  • Directors' Duties in the Light of CLERP and Recent Legal Developments (2000) by Tony Greenwood, Partner, Blake Dawson Waldron
  • The Definition of "Associate" in the Corporations Law (2000) by Justice R P Austin
  • Challenges to Australia's Federal Corporate Law (2000) by Professor Ian Ramsay, Harold Ford Professor of Commercial Law and Director of the Centre for Corporate Law and Securities Regulation, The University of Melbourne
  • Comment on the Constitutional Challenges to Corporate Law (2000) by Marion Hetherington, Solicitor, Commonwealth Bank of Australia
  • Do Independent Directors Add Value? (1999) by Jeffrey Lawrence and Geof Stapledon
  • The Economics of Market Confidence: (Ac)Costing Securities Market Regulations (1999) by Jeffrey Lawrence, Associate, Investment Banking, Salomon Smith Barney Research Associate, Centre for Corporate Law & Securities Regulation, The University of Melbourne
  • Regulating Directors' Duties - How Effective are the Civil Penalty Sanctions in the Australian Corporations Law? (1999) by George Gilligan, Helen Bird and Ian Ramsay
  • The Online Corporation: Electronic Corporate Communications (1999) by Dr Elizabeth Boros. This discussion paper and questionnaire form part of a collaborative research project between the Centre for Corporate Law & Securities Regulation and the Australian Securities and Investments Commission (ASIC). Issues covered include:
    • electronic delivery of documents such as as annual reports, notices of meeting and prospectuses
    • electronic voting and company meetings; and
    • electronic lodgment of documents with ASIC.
  • Multimedia Prospectuses and Other Offer Documents (1999) by Dr Elizabeth Boros and ASIC. This Issues Paper forms part of a collaborative research project between the Centre for Corporate Law & Securities Regulation and the Australian Securities and Investments Commission (ASIC). The paper examines the possibility of including multimedia material in prospectuses and other offer documents.
  • CLERPing the Panel (1999) by The Honourable Justice GFK Santow OAMA paper given to Panel Members on 10 November 1999. The paper examines some of the problems with which the new Panel will have to grapple and some critical points if success is to be achieved.
  • Accounting and Non-Accounting Based Information in the Market for Debt: Evidence from Australian Private Debt Contracts (1998) by Ian Ramsay and Baljit Sidhu
  • Corporate Groups in Australia (1998) by Ian Ramsay and Geof Stapledon
  • Institutional Investors' Views on Corporate Governance (1998) by Ian Ramsay, Geof Stapledon and Kenneth Fong
  • Disclosure of Corporate Governance Practices by Australian Listed Companies (1997) by Ian Ramsay and Richard Hoad
  • Underpricing of Initial Public Offerings and Due Diligence Costs: An Empirical Investigation (1995) by Ian Ramsay and Baljit Sidhu

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Atlanta’s John Marshall Law School congratulates Professor Patrice Fulcher, who has been quoted in a headline article in the 24 January 2015 issue of The Economist.

Patrice Fulcher is a Tenured Associate Professor at Atlanta’s John Marshall Law School where she teaches Criminal Law and Criminal Procedure. Her scholarship focuses on issues surrounding the Prison Industrial Complex; prison privatization, the exploitation of prison laborers, the effects of the utilization of prison video visitation systems, and other profiteering schemes that benefit from mass incarceration in the U.S. Professor Fulcher has dedicated her entire career to the fight for equality of all disenfranchised people, and quality representation for the poor.

The article, Conditions Behind Bars: Screening Visitors–Prisons Profit By Stopping Family Visits, quotes:

Complications may arise from all this. Lawyers may claim that communicating with their clients only through video calls is a violation of due process, says Patrice Fulcher of John Marshall Law School. The possibility of recording such conversations could also lead to the leaking of privileged information. “This whole situation exploits people on the inside and their families on the outside,” Ms Fulcher says. 

For six years, Professor Fulcher organized and chaired the AJMLS’s Fred Gray Social Justice Seminar. In 2011 she was recognized for her outstanding and impactful service to the law school and legal community.

Prior to joining AJMLS in 2007, she served as a Senior Staff Attorney for the Georgia Capital Defender and the Fulton County Public Defender offices. She was a Senior Staff Attorney for the Fulton County Conflict Defender, and worked in the Felony Trial Division of the Georgia Indigent Defense Council. She has successfully represented indigent clients facing the death penalty as well as all other major felony and misdemeanor offenses. Additionally, Professor Fulcher has provided representation and research for abused and neglected children with the DeKalb County Georgia Juvenile Court, and litigated against unconstitutional jail conditions and practices with the Southern Center for Human Rights. She is a core instructor for Gideon’s Promise (formerly known as The Southern Public Defender Training Center), and has been a litigation instructor for The Kentucky Death Penalty Institute, The Mississippi Office of the State Public Defender Training Division, The Georgia Public Defender Standards Council, The Fulton County Public Defender Office, and the American Bar Association NACDL National Defender Training Program.

Professor Fulcher has lectured extensively on mass incarceration and the Prison Industrial Complex across the U.S. (including the Commonwealth of Puerto Rico), the erosion of the 4th Amendment, capital defense, juveniles charged as adults, client-centered representation, successful defense trial investigations, and effective storytelling techniques for public defenders. In 2014, she was asked to provide an expert opinion to the U.S. House Committee on Oversight and Government Reform on the adequate criminal procedure for congressional contempt proceedings.

Professor Fulcher received her B.A. from Howard University in 1992, and her J.D. from Emory University School of Law in 1995.