Writing and research on public law

My current work on public law issues (including Constitutional law and human rights issues) is collated here (generally Indigenous issues are all listed in a separate post, but some constitutional law and Indigenous recognition pieces are listed here too). Open access links are provided where possible.

Blog Posts

Children’s Rights

Paula  Gerber and Melissa Castan ‘Is the Australian Government scared of children?‘ The Castan Centre Blog, 25 April 2014.

Erica Contini and Melissa Castan ‘Victorian Children to be seen and not heard‘;’ The Castan Centre Blog, 11 February 2013.

Indigenous Recognition debate:

Melissa Castan ‘Constitutional recognition; two steps forward after one step back.’ in The Conversation 25 August 2015.

Melissa Castan ‘Explainer: what Indigenous Constitutional recognition means‘ in The Conversation 18 September 2014.

Melissa Castan ‘Closing the referendum gap‘ in The Castan Centre Blog 28 November 2012.

Melissa Castan ‘It’s time to recognise Indigenous Australia in our Constitution‘ in the Conversation 12 December 2011.

Free Speech

Melissa Castan ‘Freeing the RDA free speech submissions‘ in The Castan Centre Blog 26 June 2014.

Melissa Castan ‘The High Court and the freedom of political communication‘ in The Castan Centre Blog, 5 December 2010.

Scholarly articles

Moira Paterson and Melissa Castan ‘New rules and recordkeeping: Redress for victims of child abuse’ (2016) 41:1 Alternative Law Journal 43.

Melissa Castan and Kate Galloway Extending Public Law: Digital Engagement, Education and Academic Identity (2015) vol 2 Legal Education Review 331 LER25 – Castan and Galloway

Melissa Castan, ‘Constitutional recognition, self-determination and an Indigenous representative body‘, (2015)  Indigenous Law Bulletin pp. 15-18.

Melissa Castan ‘The recognition of indigenous Australians in the teaching of federal constitutional law‘, (2014) Journal of the Australasian Law Teachers Association, pp. 87-99.

Melissa Castan, ‘Closing the gap on the constitutional referendum‘, (2013) Indigenous Law Bulletin pp. 12-15.

Andrew Gargett, Paula Gerber, Melissa Castan, ‘A right to birth registration in the Victorian Charter? Seek and you shall not find!‘ (2011) 36(3), Monash University Law Review  , pp. 1-32.

Book chapters

Melissa Castan ‘Constitutional law’ in Mastering Law Studies and Law Exam Techniques by Rick Krever (ed) (2016, 9th edn., LexisNexis) [for 8th edn, see Lexis Nexis ]

Melissa Castan  ‘The High Court and human rights: contemporary approaches’, in Contemporary Perspectives on Human Rights Law in Australia, eds Paula Gerber and Melissa Castan, (2012, Thomson Reuters), pp. 71-95.

Melissa Castan & Paula Gerber ‘Human rights landscape in Australia‘, in Contemporary Perspectives on Human Rights Law in Australia, eds Paula Gerber and Melissa Castan, (2012 Thomson Reuters) pp. 1-16.


Melissa Castan LawBriefs: Constitutional Law (2015, Thomson Reuters)

Sarah Joseph & Melissa Castan  Federal Constitutional Law: A Contemporary View, (2014 Thomson Reuters)

Sarah Joseph & Melissa Castan The International Covenant on Civil and Political Rights, (2013, 3rd edn., Oxford University Press, Oxford UK)

Paula Gerber and Melissa Castan (eds) Contemporary Perspectives on Human Rights Law in Australia, (2012, Thomson Reuters) pp. 1-16.





Writing and research on Legal Education

My current work on legal education is collated here. Links to open access are provided, where available.


Amicae Curiae

Social Media in Legal Education

Legal Education Network

Castan Centre for Human Rights Law Blog (selected posts)

Scholarly publications

Melissa Castan and Kate Galloway Extending Public Law : Digital Engagement, Education and Academic Identity (2015) vol 2 Legal Education Review 331.   (LER25 – Castan and Galloway)

Melissa Castan The Recognition of Indigenous Australians in the Teaching of Federal Constitutional Law (2014) Journal of the Australasian Law Teachers Association 87.

Kate Galloway, Kristoffer Greaves and Melissa Castan Gatecrashing the Research Paradigm: Effective Integration of Online Technologies in Maximising Research Impact and Engagement in Legal Education (2013) 6(1/2) Journal of the Australasian Law Teachers Association 83.

Kate Galloway, Kristoffer Greaves and Melissa Castan Interconnectedness, Multiplexity and the Global Student: The Role of Blogging and Micro Blogging in Opening Students’ Horizons (2012) 20 Journal of the Australasian Law Teachers Association 177-188.

Paula Gerber & Melissa Castan Practice Meets Theory: Using Moots as a Tool to Teach Human Rights Law (2012) 62(2) Journal of Legal Education 298-310.

Melissa Castan & Becky Batagol Citations Sources and References: Through the Quagmire of Legal Footnoting (2012) 37(1) Alternative Law Journal 50.

Melissa Castan & Jeanie Paterson From Supergirl to Invisible Woman: The Divide between Student Perception and Professional Reality in Corporate Legal Practice  (2010) 35 (3) Alternative Law Journal, 138.

Melissa Castan, Jeannie Marie Paterson , Paul Richardson, Helen Watt, Maryanne Dever Early Optimism? First-Year Law Students’ Work Expectations and Aspirations (2010) Legal Education Review.

Margaret Stephenson, Bradford W. Morse, Lindsey Robertson, Melissa Castan, David Yarrow, Ruth Thompson International and Comparative Indigenous Rights via Videoconferencing (2009) Legal Education Review 238.

Melissa Castan and Jenny Schultz, Teaching Native Title (1997) 8(1) Legal Education Review 75

30 Australian law blogs to follow


Law blogs are a useful way to access high quality legal analysis, supplementing more established scholarly resources; in this list you will find blogs that regularly post case summaries, news and legal analysis. This list is a little shorter than my earlier list (over at amicae curiae), it is more of my personal picks, these are mainly scholarly and I omitted many that are not apparently being updated. This list is not intended to be comprehensive. I have included the twitter names of the blogs, or their administrators, where possible.

Legal Education/Legal Profession

Amicae Curiae: “Girlfriends of the Court” Covers Women, Law, Legal Education and includes posts on legal and lawyering issues

Kat Gallow: Legal academic Kate Galloway writes on “property law, women and law, and contemporary legal issues, as well as legal education”. Earlier work is at Curl. @katgallow

Law Radio: Tune in to this blog and podcast to discover the unexpected world of law and its impact on society; and the effect of society on the practice and learning of law. @lawradioshow produced by @katgallow & @mscastan

Pleagle Trainer: Kris Greaves is a senior lecturer in professional education, he posts on lawyering, legal education, clinical legal education, practical legal training, teaching, learning, practice research, and scholarship. @pleagletrainer

Law and Justice: La Trobe Law School Blog: News, events, research and commentary from staff and students in the school, edited by law lecturer Marc Trabsky. @latrobelaw

LIV Young Lawyers Blog: Law Institute of Victoria’s Young Lawyers Blog.@LIVYoungLawyers

S|M| i |L|E – Social Media in Legal Education: a collaborative resource to promote and support the integration of social media into legal education. @socmedinlegaled

ADRResearchNetwork: Maintained by the ADR Research Network, a group of dispute resolution academics from across Australia. @adrresearch

Wellness For Law: “A community of legal academics, practitioners and students who are committed to: first, addressing the high levels of psychological distress experienced in law; and second, promoting wellness at law school, in the legal academy, and in the profession.” Maintained by legal academics. @wellnessforlaw

Survive Law: “Here you’ll find plenty of tips and tricks to survive those never-ending readings, obfuscating essay questions, killer exams and assessments, plus discussions of mental health and well-being, unorthodox and straight-shooting careers in law, and those all important ongoing odes to highlighters, coloured tabs, textbook burning and coffee to flow black through your veins.” @survivelaw

Jade World: Jade World is a site “which aggregates the world of blogging and tweeting”, it currently covers 40 blogs which feature legal commentary. @barnetjade

Ignorantia Juris Non Excusat: “A link blog for students and teachers of VCE Legal Studies, sharing news and legal professional updates, by Rob Corr. Useful for law students and teachers, and others interested in Australian legal news. @ignojuris

Public Law/Human Rights

Castan Centre for Human Rights Law Blog: “Commentary on human rights from Castan Centre Directors, Associates, staff members and special guests” maintained by the Castan Centre for Human Rights Law, Faculty of Law, Monash University. @Castancentre. See also Castan Centre Global Interns Blog: Follows Castan Centre for Human Rights Law ‘Global Interns’ students as they work for some of the world’s preeminent human rights law organisations.

Julian Burnside: Collected links, speeches and resources by Julian Burnside QC. @julianburnside

The Murphy Raid: Thoughts on security, terrorism and human rights, with a focus on Australia. Authored by Andrew Zammit. @andrew_zammit

Art and Human Rights: A tumblr about the intersections of art and human rights. Maintained by a human rights law professor.

AusPubLawBlog: the Australian Public Law Blog is a collaborative blogging project bringing you expert commentary and analysis on recent cases and legislative change as well as updates on the latest research and scholarship in Australian public law. Administered by academics at the Gilbert and Tobin Public Law Centre. @auspublaw

Public Law Research Community: “updates on the work of the public law research community at the [Adelaide] Law School” and “explanations of, and views on, recent events, including new cases, legislation and policies, and upcoming court challenges”. Maintained by Adelaide Law School, University of Adelaide.

Constitutional Critique: Constitutional critique and commentary on current issues, maintained by Professors Anne Twomey and Helen Irving of the Constitutional reform Unit at University of Sydney. 

See also A Woman’s Constitution: Reflections on constitutional law and scholarship from a woman law professor’s perspective, maintained by Professor Helen Irving.

Opinions On High: The Melbourne Law School High Court Blog provides commentary on and analysis of recent High Court decisions, general information about the Court, as well as marking significant activities and events at the Court. @opinionsonhigh

Legal Theory in Australia: This blog covers legal theory and philosophy of law publications and events with relevance to Australia. Posts are by Dr Jonathan Crowe, University of Queensland. @Drjoncrowe

Antony Green’s Election Blog: ABC’s election expert, Antony Green, writes authoritively on Australian election law and practice. @antonygreenabc

Therapeutic Justice in the Mainstream: Promote the use of Therapeutic Jurisprudence (TJ) approaches in mainstream legal settings through a variety of activities. @tjmainstream

Australian Surrogacy and Adoption Blog: “Surrogacy and adoption law in Australia by Stephen Page, one of Australia’s leading surrogacy lawyers”. 

See also Australian Gay and Lesbian Law Blog: Australian gay and lesbian law issues by an LGBTI friendly Brisbane lawyer. All about discrimination, parenting, property settlement, same sex domestic violence,same sex law issues. @stephenpagelaw

Media and law

Peter J Black’s Freedom to Differ: “A blog that speaks freely about law, politics and the internet” by Peter Black, legal academic. @peterjblack

Journlaw: Professor Mark Pearson’s commentary on legal aspects of journalism, social media and free speech issues. @journlaw

MsLods: Leanne O’Donnell, a senior lawyer with expertise in commercial litigation, copyright, telecommunications and social media maintains a weekly round up of law and technology news. @mslods

My earlier post that focusses on public law blogs is It’s more than the vibe; blogging the Constitution.

Are there other blogs you follow? add them in the comments below.

Melissa Castan, ‘30 Australian Law Blogs to Follow’ on Melissa Castan (18 September 1015) <https://melissacastan.wordpress.com/&gt;

Access All Areas

IMG_1159What’s the best open access repository for your academic work? I’ve got different materials on ssrn, Research Gate and Academia.com. My university also keeps a record of some of my scholarly papers on ROPES. None of them is complete. Over time I’d like to get them all linked to this blog, so you can find them easily. For now, here are the open access repositories that store some of my work.

SSRN (all open, but incomplete list)

ResearchGate (incomplete list, some open access links)

Academia.com (incomplete list, some open access links)

Monash ROPES (list but no access)