Issue 2005-1

Articles

The Rights of Employees in the Event of the Employer's Insolvency: A Comparative Approach to the Rights of Employees During Restructuring in the United States and Europe
by Marlene Frank
Keywords: Insolvency - European Union Law and United States Law - Transfer of undertaking - Restructuring of Business Dismissal

The Processes of Constitutionalism in New Zealand and the United Kingdom
by Geoffrey Beresford
Keywords: Administrative Law - Constitutionalism - Economic Reform - Human Rights - The Ultra Vires Justification for Judicial Review

Exemplary Damages in Contract: Another Anomaly?
by Gina Hefferan
Keywords: Exemplary Damages - Punitive Damages - Contract - Whiten

Invasion of Privacy: Does and Should a Common Law Tort of Invasion of Privacy Exist in New Zealand?
by Anja Gerdung
Keywords: Breach of Privacy - Breach of Confidence - Hosking v Runting - Campbell v MGN Ldt - Equitable Remedy - Tort - Privacy Tort

Obiterated! Should New Zealand Follow the UK's Lead and Extend the Action of Breach of Confidence to Cover Privacy?
by Sam Carey
Keywords: Privacy - Invasion of Privacy - Breach of Confidence - Comparison between English and New Zealand Law

Circumventing the Controlled Foreign Company and Foreign Investment Fund Regimes in Australia and New Zealand. Has Legitimate Tax Avoidance been Possible?
by Philip Gurney
Keywords: Tax Law - Controlled Foreign Company (CFC) - Foreign Investment Found (FIF) - Tax Avoidance - New Zealand Law

Updates & Commentaries

"Veiled Threats?" Islam, Headscarves and Freedom of Religion in France and the United States
by Herman Salton
Keywords: Headscarves - Islam - Multiculturalism - France and United States - Freedom of Religion - Freedom of Expression

"There’s no art to find the mind’s construction in the face": Some thoughts on the Burqa Case in New Zealand
by David Griffiths
Keywords: Headscarves - Islam - Freedom of Religion - Freedom of Expression - New Zealand law - Evidence - Multiculturalism