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Articles and reviews by Dr. Jenny Burley, including articles on multiculturalism and the law and comparative family law with a focus on family law developments in Ireland.
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ItemEducation v Casework: A Losing Battle: Some SA solutions.( 1991-10)Community legal education (CLE) has traditionally been the poor relation of case work in the allocation of resources designed to improve access to justice in Australia. Against the many odds, community legal education has made considerable achievements. But those gains are again under threat where increasing case work demands consume reduced budgets. South Australia's solution to the dilemma of the demonstrable need for legal education to expand rather than contract has been to raise its own funds for worthwhile projects. Based on the 'Robin Hood' principle, user-pays public legal education now funds a host of other education activities. Previously neglected groups such as public and private sector employees have had their needs for legal knowledge met and it is this sector's ability to pay for training which has financed the provision of services to less advantaged groups. However, there is no guarantee that the public courses will continue to be profitable to the extent that the profit might finance other ventures. In that event, the battle for funding will resume and community legal education is likely to again become the poor relation of case work and impede access to justice for all Australians.
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Item"Gender, 'Race' and International Relations: Violence against Filipino women in Australia" by Chris Cunneen and Julie Stubbs. [review]( 1998-08)In the past two decades there has been anecdotal evidence that young Filipino women brought to Australia as fiancées or spouses of, usually much older, Australian men, are being exploited as 'sex slaves' and suffering from high rates of domestic violence. This monograph is the first study to investigate how such violence culminates in the homicide of Filipino women and children.
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Item"If Divorce is the Only Way" by John D. Bieber. [review]( 1998-12)Usually divorce manuals lead the reader through what they need to know about family law and the legal process. This book does more. In addition to providing sound legal advice, it engages with the emotional experiences of the divorcing couple and provides not only a catalogue of the emotional stages of separation and divorce, but also a positive path through what can often be a painful and destructive process.
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Item"Making Sense of the Family Court" by Leonie Star. [review]( 1998-10)The "Family Law Act 1975" has been subject to multiple and ongoing reforms since it came into force more than 20 years ago and it is no easy task to steer a clear path through all its provisions. This book, however, is a very thorough guide for anyone who is contemplating divorce in Australia.
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ItemLegal aid and family law reform in Ireland.( 2000-08)While Australia and the rest of the western world were restricting both funds and eligibility for civil legal aid during the 1990s, Ireland, whose civil legal aid is 97% devoted to family law matters, was expanding. At first glance, it might be supposed that the expansion of legal aid for family law matters in Ireland was a result of the introduction of legislation that for the first time allowed legal divorce in 1997. However, the reasons are more interesting and complex than this and need to be understood in terms of Ireland's history, politics and culture. Indeed, these factors combine to ensure that civil legal aid in Ireland is in a state of perpetual chaos.
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ItemThe Vietnamese and the law.( 1990-10)This article examines the unique barriers which exist between Vietnamese refugees and the Australian legal system.