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Impact of Law: Two studies. Studies in Law and Society Editors: Professor Chris Arup, Professor Martin Chanock, Professor Sally Engle Merry, Professor.

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Presentation on theme: "Impact of Law: Two studies. Studies in Law and Society Editors: Professor Chris Arup, Professor Martin Chanock, Professor Sally Engle Merry, Professor."— Presentation transcript:

1 Impact of Law: Two studies

2 Studies in Law and Society Editors: Professor Chris Arup, Professor Martin Chanock, Professor Sally Engle Merry, Professor Pat O’Malley, Professor Susan S. Silbey Cambridge Studies in Law and Society aims to publish the best scholarly work on legal discourse and practice in their social and institutional contexts, combining theoretical insights and empirical research. The fields that it covers are studies of law in action; the sociology of law; the anthropology of law; cultural studies of law, including the role of legal discourses in social formations; law and economics; law and politics; and studies of governance. The books consider all forms of legal discourse across societies, rather than being limited to lawyers discourses alone. The series editors come from a range of disciplines: academic law; socio-legal studies; sociology and anthropology. All have been actively involved in teaching and writing about law in context.

3 Some other recent publications ‘The Global Financial Crisis: Learning from Regulatory and Governance Studies, Law and Policy, 32, issue 3, , ‘Pharmaceutical Patent Networks: Assessing the Influence of India’s Paragraph 3(d) Internationally’, Intellectual Property Quarterly, 2010, issue 1, 15-43, 2010 (with Jagjit Plahe). ‘International Legal Services and Professional Regulation: Australia Abroad’, Federal Law Review, 37, , 2009.

4 ‘ The Recovery of Wages: Legal Services and Access to Justice’, Monash Law Review, 35, , 2009 Introduction Three Legalities Legal Knowledge Legal Consciousness Legal Information Legal Advice Legal Assistance/Action Legal Practitioners Workplace Ombudsman Magistrates Court Conclusions

5 'Nothing Can Be Created Out of Nothing': Workers, Their Know- How and the Employment Relationships that Support Them Project Summary The importance of innovation, either in the form of intellectual property or know-how, to the Australian economy cannot be over-stated. Unlike statutory intellectual property schemes, worker-created know-how is both 'incentivised' and controlled through the contractual provisions of the worker-employer relationship. This project, through its empirical focus, will explore if (and how) the law, as it relates to know-how, promotes innovation in the workplace. Through the development of guidelines for best practice and reform proposals to fill gaps in the law, this research will increase the potential for innovation in all worker- employer relationships which will, in turn, maximise this country's creative and technological capability.

6 Know-How Restraints: The Legal Practice Establishing the Restraints Related Contracting Enforcing the Restraints Commencing Enforcement Proceedings Seeking Undertakings Progressing Proceedings Applying for Injunctions Employer Hard Bargaining Employee and New Employer Resistance Judicial Activism Employer Attitude to Risk Professional Conduct Conclusions


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