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Gregory Essayan Hart

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Jason Morris

The Time Between Time:

Messianism & the Promise of a “New Sincerity”

paragraph 1

“I believe in technique as the test of a man’s sincerity”

— Ezra Pound, A Retrospect


Artists in a variety of media have been talking about a “New Sincerity.” In poetry, Andrew Mister, Joseph Massey, and Anthony Robinson have written manifestos. Drawing is the new old thing in visual art; in their use of the long take, among other stylistic devices, Wes Anderson and a few other young filmmakers (maybe quoting Dogme, Expressionism or Neo-Realism), nod toward the medium’s first promise — to be an “honest” representation of reality. In pop music, folk is making a resurgence. Performers like Will Oldham, Cat Power, Devendra Banhart and Joanna Newsom play with a kind of lo-fi, scaled-back immediacy which has been widely welcomed by audiences and critics alike. The Believer (whose name itself denotes a wide-eyed credulity) is among America’s best and most widely circulated literary magazines; its credo in large part defines it as against the ironic, the cynical, etc. (The Doubter?). And yet all of these seem to be immanent critiques of irony: if irony is the black, rich bed of dirt out of which these movements blossom, to what degree does the sincerity they anticipate remain within its magnetic poles? To what extent are these artists anticipating a telos of irony, even while operating within its present field of influence and drawing on its (bottomless) history? [1]


Many of the contemporary poets to whose work I might initially turn in trying to locate the possibility of a “New Sincerity” would most likely shudder at that or any such appellation. Along with Andrew Mister, Joseph Massey and Anthony Robinson, I’m drawn to a group of poets as diverse as Dave Berman, Catherine Wagner, Dean Young, Matt Hart, Tao Lin, Frederick Seidel, and Arielle Greenberg, to name just a few. What characteristics could the poems of this extremely varied crowd share? In Tao Lin’s poems, as in Catherine Wagner’s, there’s a level of directness that’s like a punch in the gut; I find this (albeit at a more subdued register) in Seidel’s poems as well as Dave Berman’s. Matt Hart and Dean Young often share a Romantic exuberance, a slow, child-like wonder at the world that makes it no surprise they consider poets like Gregory Corso and Kenneth Koch big influences. Revealing their mutual debts to the work of poets like Frank O’Hara and Ted Berrigan (among many, many others), in the work of almost all of the poets on this provisional list, the distinction between “poetic” concerns on the one hand, and the jetsam of pop culture and the everyday details of life on the other, has long since vanished.


          When I first read Greg Fuchs’ poem “Charles” in CyPress magazine, I was struck by how generously it seemed to accommodate all of the various characteristics I’ve provisionally listed above as possible parts of a “New Sincerity” within a radically artless tone of voice. It’s probably worth pointing out that this effect is pretty natural: apparently, Fuchs collaged the piece together out of journal scraps left behind by his friend, Charles. The poem surges feverishly across 3 or 4 pages, mutating to different line-lengths and rarely pausing to catch its breath in a rush to convey any and all of the details of its surroundings:


I talk a lot when I’m nervous.
The six-foot stocky weird guy.
Why don’t I care about the sick guy?
I came for your urgency.
Your life was one long emergency.
Plucked and pencilled eyebrows.
Barbie pink eye-shadow. Liquid eyeliner.
Public high spirits in the night. The hot wind blows by the door
solidly solitary. Hacienda hotel at LAX.
Here are all the hookers. Wanting a cowboy hat
reading Low Life. The cripple on the corner cries
out nickels for your pity. Eng 30 Amer Lit. What is
your expected family contribution. Nick E. 668-9141.
In Hoboken to hear Urge Overkill. Feel real weird.


A surfeit of detail — from the totally mundane (“wanting a cowboy hat”), to the merely practical (phone numbers), to the nightmarish (hookers, cripples) — exists in simultaneity, flattened. The sincerity the poem offers is emphatic, democratic, collapsed. There is a sense of urgency in wanting to convey as much information as possible, with as little artifice — as much “sincerity” — as possible, regardless of whether or not the information conveyed “matters.” Lyrically formulated, “poetic” concerns (“solidly solitary,” “urgency” / “emergency”) bump elbows with administrative language (“expected family contribution”), which gives way to pop-culture references (“Urge Overkill”).


          I was similarly awe-struck when I opened an issue of Canary and read Matt Hart’s poem “I was Dumb with Pearls, I was Dumb.”


                                                           What was
funny stayed funny, because nothing was funny
anymore. I was your man, and we were awfully sad.
I was boiling peanuts and bluebirds for the big game

on Sunday. I was a mess of bright lights and redecorated
walls. Physical prowess had never been one of my
strengths, and now it would have to wait until spring
everlasting. I was famished. I was taking the enemy
blue cheese in a bag, wanting a friend more than anything else.


The jacket copy for the book in which the poem later appeared, Who’s Who Vivid, reads, “Matt Hart brings the so-called ‘New Sincerity’ to the forefront of American poetry with his stunningly kinetic debut collection. Stripped of the pretense, hyper-irony and posturing of much of the writing of his peers, Hart’s is a heartfelt poetry that alternately celebrates and berates human existence.” Matt Hart’s excellent essay, “An Accidental Appreciation: A Few Pieces on Gregory Corso with a Nod Toward a New Sincerity,” was one of the first to name a “New Sincerity” as such. What might make a poem like “I was Dumb with Pearls, I was Dumb” sincere, or part of a “New Sincerity”? Like Fuchs’ poem, there is a sense of urgency to the way the poem moves along; also, there is a candor that seems un-self-conscious it might be veering toward sentimentality (“wanting a friend more than anything else”).


          Jon Woodward’s excellent book-length poem (or collection of very short poems) Rain seems to epitomize a lot of these characteristics of a “New Sincerity.” Its opening lines signal a willingness on the part of the poet to give equal airtime to both the heavy problems of the heart as well as the most everyday concerns of living in twenty-first century America. The book opens,


in spite of which it’s
hard to imagine it all
going to shit the pinkflowering
dogwood for example is my
newest favorite tree the decay

of what world we’ve got’s
not exactly what I’m afraid
of not now the woman
brings the cheeseburger I ordered
here come the selections the

jukebox converted five of my
quarters into in the correct
order what questions then to
ask for what if anything
about this coffee these fries

-------------------------------------------------- page break / new poem ------

it’s going to rain I’m
going to go see Spider
Man by the time the
theater lets out it’ll be


In medias res, immediately in lower case, we are presented with the idea of “it all / going to shit:” although the possibility is cancelled as it’s presented, it’s recalled in the phrase “what world we’ve got.” But this grave line of thought into which we’ve been thrown resolves into waiting for a cheeseburger, putting songs on a jukebox, and going to see Spider Man. As in O’Hara’s “I do this, I do that” poems, or Ted Berrigan’s “list” poems, the juxtaposition of these details within a more “poetic” train of thought suffuses the speaker’s tone with a disarming kind of artlessness that could be called “sincerity.” There’s an artlessness to the form, here, as well: each of the poems (or stanzas) in the book are made up of five lines, with five words to a line, and no punctuation. The lack of punctuation also lends to the poems a subdued but forceful directness. This is a rigorous form, but it comes across as very straightforward. The narrator of these poems could be writing them on a napkin, quickly, giving as much weight to whether or not the jukebox will convert his quarters into songs in the right order as to how easy or hard it would be to “imagine it all / going to shit.”


          That all of these workings of “sincerity” are being engaged in Woodward’s Rain seems apparent at first glance. But there’s a profound disjointedness of temporality running through these poems which often seems to be the source out of which they’ve sprung to life. To begin with, there’s the weird near-prolepsis of “it’s going to rain /... / by the time the / theater lets out it’ll be / raining” (an oblique nod, maybe, to Stevens’ “it was snowing, / and it was going to snow”). The whole opening of the book signals its deeply complex, paradoxical portrayal of time. By the time the narrator considers “the decay / of what world we’ve got,” this consideration slightly unravels the previous assertion “it’s / hard to imagine it all / going to shit,” which has itself already been neutralized by the (missing) qualifier in front of “in spite of it all.” The chronology of cause and effect makes it impossible to know whether it’s possible to imagine it has or has not already “all gone to shit.”


In the midst of “Rain, Ocean,” the second section of Rain, the narrator realizes the event of the poem with startling clarity. He’s talking about his friend, Patrick, and he writes,


it’s not that he died
it’s that he won’t stop
dying and reemerging fully ordinary
through ordinary doors saying in
his own voice hey brother


In the chronology of the poem, Patrick’s death has been both digested and remains undigestible: up to this point in “Rain, Ocean,” Patrick has existed as a character. As readers we are taken by total surprise to learn that Patrick is dead, just as it seems to have taken the narrator by surprise. The death of the narrator’s friend is the event which, in the poem, always has yet to occur and also has always already occurred: in this way the poem gathers force and momentum and comes into being precisely within a temporal paradox. In a world in which it’s possible to imagine everything going to shit, it’s equally possible to imagine everything already has.[2]

II. Koolhaas, Nealon, Agamben


Rem Koolhaas, in a brilliant attack on the architecture (and, more generally, on a kind of cultural ambience) he calls “Junkspace,” puts his finger on the concerns of a lot of younger American poets writing in the wake of Language poetry. He writes,


Earthlings now live in a kindergarten grotesque...Junkspace thrives on design, but design dies in Junkspace. There is no form, only proliferation...Regurgitation is the new creativity; instead of creation, we honor, cherish, and embrace manipulation... Superstrings of graphics, transplanted emblems of franchise and sparkling infrastructures of light, LEDs, and video describe an authorless world beyond anyone’s claim, always unique, utterly unpredictable, yet intensely familiar...Pretending histories left and right, its contents are dynamic yet stagnant, recycled or multiplied as in cloning...


Poets in their twenties and thirties, who have grown up in this “authorless world beyond anyone’s claim,” have made it their job to untangle its paradoxical simulacra: that it is “always unique, utterly unpredictable, yet intensely familiar,” and maybe most importantly, that it “pretend[s] histories left and right,” that “its contents are dynamic yet stagnant, recycled or multiplied as in cloning.”


In his essay “Camp Messianism, or, the Hopes of Poetry in Late-Late Capitalism,” Christopher Nealon identifies one of the primary stances contemporary poets have taken in the wake of Language poetry toward the cultural ambiences Rem Koolhaas identifies in “Junkspace.” Nealon writes,


Many of the post-Language writers seem to have taken a kind of Frankfurt school turn in their poems, by which I mean not so much that they are crankily denouncing a culture industry — though they may — or critically miming ‘‘authoritarian’’ types of language — though they do — but that they have become invested in a historical story about what Theodor Adorno called “damaged life,” or what Susan Stewart might call the ‘‘fate’’ of the material world, its pasts and possible futures. Unlike Adorno or Walter Benjamin, though, many of the post-Language poets have struck a kind of camp posture toward the ‘‘damage’’ of late capitalism, in a way that borrows from but re-interprets both the messianism of Adorno and Benjamin and the subcultural (especially queer) trajectory of camp.


We all know what camp is. Camp is the knowing reappropriation of cultural objects that are ‘all surface,’ that are way over-done. Tiffany lamps. Black velvet Elvis paintings. Dale Earnhart wall plaques.[3] But what is meant by a “historical story”? If  a lot of younger poets are writing about “the ‘fate’ of the material world, its pasts and possible futures,” to what degree might these concerns reflect or grow out of what Koolhaas describes as Junkspace’s tendency to “pretend histories left and right”?


Camp is probably an inevitable style for poets who are writing in and for a culture awash in artifice and stylization, for younger poets born knowing that more eloquent, earnest tones of voice have been priced off the market. Maybe those poets who wish most passionately to critique what Koolhaas calls “Junkspace” cannot resort to anything other than the camp mode in order to do so. Envisioning it this way, a New Sincerity that billed itself as such would be an immanent critique of what it seeks to align itself against: a moment simultaneously within and beyond camp, commenting on its history as the history of Junkspace; the moment perpetually marking itself off as irony’s last gesture, or (same thing) as the commencement of a “New Sincerity.”[4]


Very basically, I want to suggest that the element of Camp, in Nealon’s “Camp Messianism” tempers a “messianism” granted freer rein by the prospect of a “New Sincerity.” I want to investigate the degree to which the messianic impulse inherent in the promise of a “New Sincerity” is primarily a modality, and to suggest that, as such, it is a technique. Sincerity in new poetry is, above all else, the hyper-awareness of a paradoxical modality; it is a writing from within the paradoxical already / not yet of the possibilities of Nealon’s “Late-Late Capitalism,” which Koolhaas enumerates in “Junkspace:” globalization, the inescapable ubiquity of irony, liquidation of subjectivity, total commodification, pure war. A lot of the best poetry in which there seems to be a drive toward a kind of sincerity also seems intelligently aware it is always already arriving too late. It is a kind of sincerity putting on its hat as it runs out the door: an “impotential” sincerity — a sincerity cognizant of its own “teleological ineffectiveness” — a modal sincerity — a sincerity “too late” to have effected (itself). Like a deer in the headlights, it stands dumbstruck at the onrush of these threats, even while casting an honest glance into the rearview mirror, looking back to see whether or not the inevitable crash has already occurred.


Given the enormity of the threats of Late-Late Capitalism, and what may be perceived as their affiliation with certain currents in contemporary American poetry (particularly with Language and post-Language poetry — see footnote above), it’s no wonder poets claiming the mantle of a New Sincerity would react with manifestos proclaiming, as Joseph Massey did in “EAT SHIT!: A Manifesto for the New Sincerity,”


To talk back to the radio, stinking of your own shit, is to be sincere. To talk back to the radio without making a stupid Derrida-lubricated joke, is to be sincere. The New Sincerity communicates with the little boombox inside of all of us. The New Sincerity ends paranoia by not being afraid to show people the shit particles that hide in every asshole. Don’t plasticize your shit with dildonic irony. Keep it real, ass.

The New Sincerity rejects Top Gun sunglasses and floppy bangs that scream “trying too hard!”

The New Sincerity rejects the inside egg-headed jokes of academic crackers!



On first reading this it seemed to me to fit a very basic, intuitive definition of messianism: Something’s Coming. Something that will do good, something that will heal, something that will reverse wrongs. Likewise, but maybe less urgently, Anthony Robinson, in “A Few Notes From A New Sincerist,” writes,


The New Sincerity has built-in irony. There’s nothing “new” about sincerity.


In simplest terms, the New Sincerist poets try to write and promote poetry that is more than just jokes, or just post-modern, post-language, post-avant, post-lacan, or post-whatever. Poetry that is about theory, or that is overwhelmed by theory is not interesting to us. Neither is poetry that keeps winking at us, winking at itself without really talking. Moving its lips.


We don’t know what literary irony is. Really. I mean is it ironic to cut off one’s hair to buy a gift for one’s spouse only to learn that spouse bought one a set of curlers? Maybe. Or it’s just bad luck. Or good luck. I’m not sure a set of curlers is a very good gift. A comb, maybe. A bejeweled comb. Bejeweled bobby pins.


I propose that we stop using the term “irony.” It confuses me. Its usual application goes far beyond its dictionary definition. What’s that about a word repeated too often...

In that case, both “new” and “sincerity” will be bankrupt terms by the time school starts.


Irony is dead. Irony is not dead. For the New Sincerity, irony is the main event of contemporary poetry. The manifestos urgently preach simultaneously that the end of irony is near and yet that irony is dead. So which is it? In the paradoxical modality out of which both of these manifestos have been written, irony is the event the New Sincerity proposes to write the end of, even while struggling within it, as part of its history. If the New Sincerity preaches that the end of irony is upon us, even while claiming to “have built-in irony,” then the New Sincerity must itself be a remnant of irony (hyper-irony?) coming to terms (terminally) with its own compromised temporality, with its relation to itself as within the temporal scope of the irony it claims to be burying.


Giorgio Agamben’s The Time That Remains: A Commentary on the Letter to the Romans delivers the goods on the messianic overtones of any promise of a “New Sincerity.” Read together with Nealon’s essay, it added great depth to my understanding of Nealon’s use of the term “messianism.” Nealon’s use of the term, like Agamben’s, bears directly on what Nealon calls the “redemptive historiography” or “historical story” at work in an essay by Walter Benjamin, “Theses on the Philosophy of History.” Without going into great length on the Benjamin essay itself, I want to examine Agamben’s use of the term “messianism,” and then to return to the possibility of a “New Sincerity” bearing that usage in mind.


Agamben argues that Paul’s epistle to the Romans and Benjamin’s “Theses on the Philosophy of History” are the basic examples of what he terms “messianism” in western literature. Agamben writes,


Whatever the case may be, there is no reason to doubt that these two fundamental messianic texts of our tradition, separated by almost two thousand years, both written in a situation of radical crisis, form a constellation whose time of legibility has finally come today, for reasons that invite further reflection. Das Jetzt der Lesbarkeit, “the now of legibility” (or of “knowability,” Erkennbarkeit) defines a genuinely Benjaminian hermeneutic principle, the absolute opposite of the current principle according to which each work may become the object of infinite interpretation at any given moment (doubly infinite, in the sense that interpretations are never exhaustive and function independently of any historical-temporal situation). Benjamin’s principle instead proposes that every work, every text, contains a historical index which indicates both its belonging to a determinate epoch, as well as its only coming forth to full legibility at a determinate historical moment.


Messianism, Agamben argues, is marked most primarily in both texts by an exigency inherent in the writing. Both Paul and Benjamin are writing out of a radically contracted kind of temporality, a sort of collapsed modality. If messianism offers the possibility of recoverable meaning, it does so in full knowledge of the crushed time-frame in which that offer stands. Agamben writes, “messianic time is the time that time takes to come to an end, or, more precisely, the time we take to bring to an end, to achieve our representation of time.” And elsewhere:


It concerns a tension that clasps together and transforms past and future, typos and antitypos, in an inseparable constellation. The messianic is not just one of two terms in this typological relation, it is the relation itself. This is the meaning of the Pauline expression, “for us, upon whom the ends of the ages are come face to face with each other.” The two ends of the olam hazzeh and the olam babba contract into each other without coinciding; this face to face, this contraction, is messianic time, and nothing else.


Any “New Sincerity,” it seems to me, would emulate the urges Agamben locates in Paul’s messianism. It would assume a (secular) messianic style, one in which the events foreclosing it were all the threats of late-late capitalism, particularly the inevitability of the camp mode itself. In other words it would be a style operating out of the following temporally paradoxical formulation: is it too late to be unironic / has the time come that we are beyond irony? Insofar as irony operates stylistically as a dumbshow, miming the impossibility of a hermeneutics of recovery, the messianic offers a temporally contingent, impossibly potential, opening in the text. In the case of the possibility of a “New Sincerity,” the offer of a messianism without the prefix “Camp” to qualify it allures that group of younger poets for whom it is precisely that qualifier itself which they seek to interrogate. A “New Sincerity” would therefore be a part of what Nealon describes as Camp Messianism, but a form of Camp Messianism in which the Camp element has been stripped away, or has been so fully devoured and digested that it has been rendered invisible. For a lot of contemporary poets, this secularized version of Agamben’s messianic “time of the now” has become an unavoidable concern.


It is the messianism of Camp Messianism, in the sense Agamben gives the term (and not simply in the sense of “something’s coming to reverse the wrongs”), that is the promise of a “New Sincerity.” Sincerity is, or should be, above all else, a radical awareness in poetry of modality, of temporality. It is a writing from within the paradoxical already / not yet of the terrible possibilities of what Nealon calls Late-Late Capitalism, and which Rem Koolhaas enumerates in “Junkspace:” total commodification, globalization, the inescapability of irony and the camp mode. What is most important to these poets is that these threats may already have happened, that their outcomes may have already come to pass. Perhaps there is a quality in certain contemporary writing which senses that these threats are no longer threats, that we are living and writing in their wake.

III. Actual Air, The Totality for Kids, What Is Said To The Poet Concerning Flowers, Rain


Actual Air, David Berman’s collection of poems, made a huge impact on me. I remember inhaling it the same summer I first read Skid, by Dean Young, and I’ve read and re-read the following lines of “Self Portrait at 28” many times since:


There are things I’ve given up on
like recording funny answering-machine messages.
It’s part of growing older
and the human race as a group
has matured along the same lines.
It seems our comedy dates the quickest.
If you laugh out loud at Shakespeare’s jokes
I hope you won’t be insulted
if I say you’re trying too hard.
Even sketches from the original Saturday Night Live
seem slow-witted and obvious now.

It’s just that our advances are irrepressible.
Nowadays little kids can’t even set up lemonade stands.
It makes people too self-conscious about the past,
though try explaining that to a kid.

I’m not saying it should be this way.

All this new technology
will eventually give us new feelings
that will never completely displace the old ones,
leaving everyone feeling quite nervous
and split in two.
We will travel to Mars
even as folks on Earth
are still ripping open potato chip
bags with their teeth.


Like Fuchs’ “Charles,” Woodward’s Rain, and Matt Hart’s “I Was Dumb With Pearls, I Was Dumb,” “Self Portrait at 28” is delivered in a laconic, desultorily “artless” tone of voice that nevertheless happens to always hit the mark; it doesn’t mind allowing heavier, more ostensibly ‘poetic’ concerns to meld into the dolorous concerns of modern living, and it honestly strays toward sentimentality, even while letting you know it’s aware that it may be doing so (one of my favorite lines from “Self Portrait at 28”: “Friends warned me not to get too psychedelic / or religious with this piece”). One main difference between this poem and those listed above is that this section, and maybe the poem generally, takes up as its subject the time between time, the messianic “now.” The poem sets up camp in the DMZ of this temporal paradox, and becomes about its own place in the already / not yet of the right now: “It’s just that our advances are irrepressible.” It’s as if the poem’s understanding of its own obsolescence is built in, and comes to constitute its power.


          Several of the poems in Joshua Clover’s The Totality for Kids (a book excerpted and examined by Christopher Nealon in his essay) also realize themselves as inhabitants of this messianic “time of the now.” They speak out of this compressed time-frame, looking forward toward an unrealized, perhaps unrealizable, end. Two of the poems in the collection mirror one another or work as anagrams of one another. Here’s the first of the two, “Auteur Theory,” in its entirety:


And then at the last second, after the conceptual, after graffiti, after the Top 40, during architecture, after great pain, after mystery, after the feuilleton, after the blue suburbs, after Malevich, after the rise of the south, after indeterminacy, after Gerhard Richter, under the snow, after dinner, after the red suburbs, after New French Girlfriend, after the movie, after unitary urbanism, after indie rock,


What ultimately makes “Auteur Theory” compelling is its urgently headlong rush. Whatever it seeks to name (itself?) at the end of the long prepositional clause of which it is constituted, the poem gains some serious momentum in a quick amount of space, as though it absolutely needs to convey these directions to an impossible temporal location which seems to lie simultaneously in the near future and yet also in the immediate past.  


Although it’s not necessarily immediately apparent, “Self-Portrait at 28” conveys a similarly urgent tone, albeit strangely laid-back. It’s an urgency to mention that it’s “all gone to shit” after it already may have. This sort of laid-back urgency (something like what Nealon calls “rueful astonishment”) may contribute to or even constitute the deadpan humor that runs through Berman’s poem, and through many of the other poems I’ve looked at here. In Woodward’s “Rain, Ocean,” it is this urgency which necessitates the apparent sincerity, rather than the other way around. In order for us to be moved by this profoundly moving poem, we must accept that the poem builds its power precisely within the impossible modality out of which it has sprung (“it’s not that he died / it’s that he won’t stop / dying”). It feels as though it had to have been written in between the time Patrick died and the time he had not yet died. For Agamben, this “had to have been written” is crucial: the defining characteristic of messianism, for Agamben, is an urgency inherent to the writing arising out of temporal crisis.  


This is the exigency Benjamin is writing about when he says, in “Theses on the Philosophy of History,”


The true picture of the past flits by. The past can be seized only as an image which flashes up at the instant when it can be recognized and is never seen again. “The truth will not run away from us:” in the historical outlook of historicism these words of Gottfried Keller mark the exact point where historical materialism cuts through historicism. For every image of the past that is not recognized by the present as one of its own concerns threatens to disappear irretrievably. The good tidings which the historian of the past brings with throbbing heart may be lost in a void the very moment he opens his mouth.


Agamben cites Benjamin as writing elsewhere,


it is not that what is past casts its light on what is present, or what is present its light on what is past; rather, image is that wherein what has been comes together in a flash with the now to form a constellation. For while the relation of the present to the past is purely temporal (continuous), the relation of what-has-been to the now is dialectical, in leaps and bounds.


The dialectical nature of this relation (“of the what-has-been to the now”), and the poem’s genesis out of its workings, are of primary concern to Brian Kim Stefans. The first section of “The Screens,” a series included as part of his excellent collection What Is Said To The Poet Concerning Flowers, chart or diagram the way “what has been” might “come together in a flash with the now to form a constellation.” This poem, “Axis Thinking,” shares with Clover’s poem a similar tone of exigency. The poem is a rapid-fire list of disjointed pairs which begins,


Ambient ⇔ “Idiot energy.” “Plain speech” ⇔ Baroque. Eliot’s idea of “good” (Goethe) ⇔ Eliot’s idea of “evil” (Baudelaire). The poetry of bulk ⇔ Arid extra dry. Boy those Asians are smart ⇔ Boy those Asians are dumb. The Who ⇔ The Beatles. Helen Keller / Arakawa ⇔ Anthony Hecht / Yasusada. The standard ⇔ The non-standard. Cult of speed (Bruce Andrews) ⇔ Cult of slowness (Mei-mei Bersenbrugge). ⇔Utopia (punk) ⇔ Fatalism (grunge). Fashion ⇔ Ethics. Extreme ⇔ Center. Pragmatism (American) ⇔ Catholicism (French). Gertrude Stein ⇔ Ezra Pound.


These defy easy logic in their pairings: sometimes they seem to be fields of influence (troubling, perhaps, the chronological neatness of theories like Bloom’s anxiety of influence, or the agon); other times (“simple”) cause / effect, or thesis / antithesis. Of course they also satirize the reductive neatness of the binary as a formulation as such. But as the poem’s momentum builds (it goes on for another forty or so lines), the signifier “⇔,” already maddeningly ambiguous even in this extremely ambiguous matrix, becomes the site of the poem’s urgency. The moment of the poem is this ⇔, which points in both directions (thereby occupying both and neither of the binary categories on either side of it), and leveling or collapsing any ontological or chronological hierarchy between the two. The ⇔ is the moment of crisis the poem takes shape out of; in its compressed ambivalence, it represents a moment simultaneously before and after, a sort of time between time, or, as Agamben puts it, “the time we take to bring to an end, to achieve our representation of time.”


Like Clover’s poems, Kim Stefans’ poems look “theory-driven,” or “experimental” (compared with, say, Rain or Actual Air): there is nothing conventionally narrative about them; likewise, their brand of artlessness is less traditional. Nevertheless they are  straightforward and direct (in some ways, much more so), and share with Clover’s poems both a breathless urgency and an overwhelming concern with the messianic time of the now. But are “sincerity” and “theory” really mutually exclusive? Like irony, what could exist free of or impervious to theory? When Massey writes, “FUCK YOU, and your THEORY GOGGLES!,” the implied formula is: Sincerity, not Theory. Or, as Anthony Robinson puts it, “Poetry that is about theory, or that is overwhelmed by theory is not interesting to us.” But this is only the most basic, maybe wishful, form of messianism a New Sincerity could manifest, the “something’s coming” formulation in which Theory / Irony stands on one side of an equation against which stands a Sincerity yet to be realized. Instead: both “Sincerity” and “Theory” inhabit the same fugitive moment. The moment of crisis for a New Sincerity is that it exists both before and after the intrusion of theory, or the inevitability of irony. As Kim Stefans might put it: Irony ⇔ Sincerity. The amorphous assumption which may surround the prospect of a “New Sincerity,” the one that holds it out as against the theoretical, is unfounded. The insistence that “sincerity” consists of certain various parts — apparent formal artlessness, the interweaving of “high” with “low” concerns or images, a willingness to risk sentimentality — is maybe half the picture. These elements are just outward indicators of an underlying anxiety about time common to a lot of contemporary writers. The “New Sincerity” is therefore definitely a part of what Nealon describes as Camp Messianism, but a form of it in which the Camp element, as well as its ambivalent relationship to “theory” have been so secretly hyperbolized as to render themselves hidden, thereby amplifying the Messianic. In “Self Portrait at 28,” “Auteur Theory,” and “Axis Thinking,” this seems to be the case. These three poems might suggest contemporary poetry has so fully digested irony that it’s ready and willing to discuss it openly — “sincerely” — in plain view. (But “in plain view:” it’s almost as though such a steady diet of irony has rendered its presentation in all three of the poems weirdly invisible, truncated, or mute.)


The final section of Woodward’s Rain, “Love Poems and Myopia,” resolves in several images of the infinity between two events that renders the events bookending it reversible or unknowable. It’s somehow brilliantly appropriate also that one of these images is of spinners. That this object, a succinct emblem of pure artifice and commodity fetishization (bling), is transformed in the context of the poem into a figure for a kind of limitlessness between stop and start seems totally apt:


they’re putting these hubcaps on
cars now which continue to
spin when the car comes
to a stop sleep is
a brick floor that goes

on forever we breach out
of it like whales out
of the ocean whales silhouetted
like souls what vast tracts
of muscle they must have

and from what depths they
must begin to gain enough
momentum to clear the water
and how they hang for
some seconds in the sun


As in the book’s opening, one of the most trivial and crass images of life in late-late capitalism, the spinners, gives way to a breathtaking image of gravity gorgeously (and very provisionally) subverted. The passage that ends this book has “built-in” irony, is fully aware of it, and allows it to be digested in plain sight, as the spinners resolve into an image of heavily natural suspension: a whale breaching to “hang for / some seconds in the sun.” Both of the two images achieve a representation of time in which irony is not transcended, but in which irony is one event between which the images of prolonged suspension are themselves suspended. In a way, the book’s coda, in its consideration of starts and stops, ends and beginnings, becomes a meditation on the time that remains, the messianic “time of the now.” Four stanzas before this ending, Woodward writes,


I stood still
next to the bed inside
the world as inside a
glacier creeping forward will it

grind us in its works
and if it does will
it matter as much as
it feels like it will


[1] Given the oppressive political climate in this country at the present, this (maybe) naïve impulse among talented artists could strike you as dangerous. It’s instructive to consider, maybe, Heidegger’s enthusiastic embrace of the “blood and soil” ideology—the (aesthetic) trappings of the German volk (he wore traditional German peasant garb to classes he taught in the Weimar years)—and, on the other hand, a book we’re told he never got around to reading, Adorno’s The Jargon of Authenticity. In other words, when a lot of the best minds of a generation start making truth claims about sincerity it’s right we should sit up and take stock of politics and wonder about the possibility of jingoism. I’m not saying we live in the Weimar Republic right now, can finish the rest of this sentence. Hopefully if you’re reading this after 2008 it’ll be obsolete anyhow.

[2] In all three of the above examples — Fuchs, Hart, and Woodward — there’s a clear emergence of the deadpan sense of humor. Another entire essay could be written on the subject of the deadpan in relation to the concerns of many of the poets considered here. For the present, though, I think it’s worth noting that deadpan humor can serve to transform the obsolescence of an insight into a laconic or stillborn kind of humor: “What was / funny stayed funny, because nothing was funny / anymore. I was your man, and we were awfully sad.”

[3] In her seminal essay on the subject, “Notes on ‘Camp,’” Susan Sontag begins her discussion by writing, “To start very generally: Camp is a certain mode of aestheticism. It is one way of seeing the world as an aesthetic phenomenon. That way, the way of Camp, is not in terms of beauty, but in terms of the degree of artifice, of stylization.”

[4] It’s understandable in this context that many of today’s younger poets would perceive the project of the Language poets of the seventies and eighties as part and parcel with the “Junkspace” Koolhaas describes. The Language poets experimented with the idea of form as proliferation (as is in certain ways literally the case with Lyn Heijenian’s My Life). As such, the writing of the Language poets may have come to appear to some younger poets as a project which began as a description, or even as a critique, of this “authorless world beyond anyone’s claim,” but which then became exactly that: L=A=N=G=U=A=G=E ™. An initial reaction to poets coming after Language poetry would be to make fun of that ™; to Campify, if that’s a word, the project of L=A=N=G=U=A=G=E by revealing the obsolescence of a ‘subversive’ poetics by pointing out the inevitability of its commodification. That’s what Nealon is talking about, in part, in his discussion of the “camp” element of “Camp Messianism:” an awareness that this subversive tendency is quaint, coupled with an awareness that the awareness of this quaintness is itself obsolete.

Annotated Bibliography

Adorno, Theodor, Minima Moralia: Reflections on a Damaged Life. © 1978 Verso Editions, New York, N.Y. A book of reflections in the form of theses or aphorisms in which Adorno uses the negative dialectic to critique the “damage” of late capitalism.

Agamben, Giorgio, The Time That Remains: A Commentary on the Letter to the Romans. © 2005 Stanford University Press, Stanford, CA. A book-length excursus on the first ten words of Paul’s letter to the Romans in which Agamben identifies messianism as a temporality inherent not only in the writings of Paul, but also in Benjamin.

Benjamin, Walter, “Theses on the Philosophy of History,” in Illuminations, ed. And intro. Hannah Arendt. © 1968 Shocken Books, New York, NY. An essay in the form of theses in which Benjamin argues that historical materialism should be read within the larger context of the messianic, or as a form of redemptive historiography.

Berman, Dave, Actual Air. © 1999 Open City Books, New York, NY.

Clover, Joshua, The Totality For Kids. © 2006 University of California Press, Berkeley, CA.

Fuchs, Greg, “Charles” in Magazine Cypress #2, p.23-26. © 2003 Cy Press. A poem created from the notebook fragments of Greg Fuchs’ friend, Charles.

Hart, Matt, “An Accidental Appreciation: A Few Pieces on Gregory Corso with a Nod Toward a New Sincerity,” in Octopus. An essay which hypothesizes Gregory Corso as a possible antecedent for a “New Sincerity”

Hart, Matt, “I was Dumb with Pearls, I was Dumb” in Canary #3, p. 30-31. © 2004 Canary River.

Kim Stefans, Brian, What Is Said To The Poet Concerning Flowers. © 2006 Factory School.

Koolhaas, Rem, “Junkspace,” in OCTOBER 100, Spring 2002, pp. 175-190. © 2002 Rem Koolhaas. A manifesto against strip-malls, box architecture, and the non-spaces of post-industrial society by the architect Rem Koolhaas.

Massey, Joseph, “EAT SHIT! A Manifesto for the New Sincerity.”

Nealon, Christopher, “Camp Messianism, or, the Hopes of Poetry in Late-Late Capitalism,” in American Literature, Vol. 76, No. 3, Sept. 2004. © 2004 Duke University Press. An essay considering the stances of young North American poets in relation to the wake of Language poetry. Nealon’s essay is the basic text my essay is reacting to. It’s really well-written, and the more I read and reread it, and the more I wrote about it, the more I came to agree with it. Ultimately, my position on the possibility of a “New Sincerity” is that it is Nealon’s “Camp Messianism,” either stripped of the camp element or in which the camp element has been radically hyperbolized, almost to the point of being hidden.

Robinson Anthony, “A Few Notes From a New Sincerist.”

Sontag, Susan, “Notes on ‘Camp.’ In Camp: Queer Aesthetics and the Performing Subject : A Reader, ed. Cleto, Fabio. © 1999 University of Michigan Press, Ann Arbor, MI. The seminal essay on the subject of the camp aesthetic.

Stevens, Wallace, “Thirteen Ways of Looking at a Blackbird.” In The Collected Poems. © 1990 Vintage Books, New York, NY.

Woodward, Jon, Rain. © 2006 Wave Books, Seattle, WA.

Jason Morris

Jason Morris is a native Vermonter now living in San Francisco, where he edits Big Bell Magazine and works as a bartender. His poems have appeared in Parthenon West Review, Fourteen Hills, Ping Pong, Mirage #4 Period(ical), Forklift, Ohio and elsewhere.



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  • Gageler, Stephen --- "Why Write Judgments?" [2014] SydLawRw 9; (2014) 36(2) Sydney Law Review 189
  • Mitchell, Paul 185 --- "Tort Law Defences" [2014] SydLawRw 8; (2014) 36(1) Sydney Law Review 185
  • Jones, Eleanor 169 --- "Implementing Protest-free Zones around Abortion Clinics in Australia" [2014] SydLawRw 7; (2014) 36(1) Sydney Law Review 169
  • Riley, Joellen 151 --- "Mutual Trust and Confidence' on Trial: At Last" [2014] SydLawRw 6; (2014) 36(1) Sydney Law Review 151
  • Swain, Warren 131 --- "Contract Codification in Australia: Is It Necessary, Desirable and Possible?" [2014] SydLawRw 5; (2014) 36(1) Sydney Law Review 131
  • Lacey, Wendy 99 --- "Neglectful to the Point of Cruelty? Elder Abuse and the Rights of Older Persons in Australia" [2014] SydLawRw 4; (2014) 36(1) Sydney Law Review 99
  • Degeling, Simone; Roque, Mehera San 69 --- "Unjust Enrichment: A Feminist Critique of Enrichment" [2014] SydLawRw 3; (2014) 36(1) Sydney Law Review 69
  • Ekins, Richard; Goldsworthy, Jeffrey 39 --- "The Reality and Indispensability of Legislative Intentions" [2014] SydLawRw 2; (2014) 36(1) Sydney Law Review 39
  • Trotter, Andrew; Hobbs, Harry --- "The Great Leap Backward: Criminal Law Reform with the Hon Jarrod Bleijie 1" [2014] SydLawRw 1; (2014) 36(1) Sydney Law Review 1


  • Daniel, Fletcher --- "JT International SA v Commonwealth: Tobacco Plain Packaging" [2013] SydLawRw 33; (2013) 35(4) Sydney Law Review 827
  • Hunter, Jill --- "Jury Deliberations and the Secrecy Rule: The Tail that Wags the Dog?" [2013] SydLawRw 32; (2013) 35(4) Sydney Law Review 809
  • Roos, I Oscar --- "Accepted Doctrine at the Time of Federation and Kirk v Industrial Court of New South Wales" [2013] SydLawRw 31; (2013) 35(4) Sydney Law Review 781
  • Olijnyk, Anna --- "Apprehended Bias and Interlocutory Judgments" [2013] SydLawRw 30; (2013) 35(4) Sydney Law Review 761
  • Cossins, Annie --- "The Legacy of the Makin Case 120 Years on: Legal Fictions, Circular Reasoning and Some Solutions" [2013] SydLawRw 29; (2013) 35(4) Sydney Law Review 731
  • Bai, James --- "Stop Them Circling: Addressing Vulture Funds in Australian Law" [2013] SydLawRw 28; (2013) 35(4) Sydney Law Review 703
  • Bosland, Jason; Bagnall,Ashleigh --- "An Empirical Analysis of Suppression Orders in the Victorian Courts: 2008-12" [2013] SydLawRw 27; (2013) 35(4) Sydney Law Review 671
  • Flanagan, Dan --- "Barclay v Penberthy: Polishing the Antiques of Australian Tort Law" [2013] SydLawRw 26; (2013) 35(3) Sydney Law Review 655
  • Groves, Matthew --- "Reviewing Reasons for Administrative Decisions: Wingfoot Australia Partners Pty Ltd v Kocak" [2013] SydLawRw 25; (2013) 35(3) Sydney Law Review 627
  • Liu, Qiao --- "Rethinking Election: A General Theory" [2013] SydLawRw 24; (2013) 35(3) Sydney Law Review 599
  • Hardy, Tess; Howe, John; Cooney, Sean --- "Less Energetic but More Enlightened? Exploring the Fair Work Ombudsman's Use of Litigation in Regulatory Enforcement" [2013] SydLawRw 23; (2013) 35(3) Sydney Law Review 565
  • Bennett, Theodore --- "Sadomasochism under the Human Rights (Sexual Conduct) Act 1994" [2013] SydLawRw 22; (2013) 35(3) Sydney Law Review 541
  • Radan, Peter --- "Antivivisection and Charity" [2013] SydLawRw 21; (2013) 35(3) Sydney Law Review 519
  • Opeskin, Brian --- "The State of the Judicature: A Statistical Profile of Australian Courts and Judges" [2013] SydLawRw 20; (2013) 35(3) Sydney Law Review 489
  • Keyes, Mary --- "Substance and Procedure in Private International Law" [2013] SydLawRw 19; (2013) 35(2) Sydney Law Review 483
  • MacPherson,Daniel --- "The Implications of Roadshow v iiNet for Authorisation Liability in Copyright Law" [2013] SydLawRw 18; (2013) 35(2) Sydney Law Review 467
  • Anthony, Thalia --- "Indigenising Sentencing? Bugmy v The Queen" [2013] SydLawRw 17; (2013) 35(2) Sydney Law Review 451
  • Hargovan, Anil; Harris, Jason --- "For Whom the Bell Tolls: Directors' Duties to Creditors after Bell" [2013] SydLawRw 16; (2013) 35(2) Sydney Law Review 433
  • Larcombe, Wendy; Tumbaga, Letty; Malkin, Ian; Nicholson, Pip; Tokatidis, Orania --- "Does an Improved Experience of Law School Protect Students against Depression, Anxiety and Stress? An Empirical Study of Wellbeing and the Law School Experience of LLB and JD Students" [2013] SydLawRw 15; (2013) 35(2) Sydney Law Review 407
  • Chong, Mark David; Fellows, Jamie; Richards, Frank --- "Sentencing the 'Victimised Criminal': Delineating the Uncertain Scope of Mitigatory Extra-Curial Punishment" [2013] SydLawRw 14; (2013) 35(2) Sydney Law Review 379
  • Sutherland, Carolyn --- "The Elusive Quest for Simplicity: Measuring and Assessing the Readability of Enterprise Agreements, 1993 to 2011" [2013] SydLawRw 13; (2013) 35(2) Sydney Law Review 349
  • Carroll, Robyn --- "Apologies as a Legal Remedy" [2013] SydLawRw 12; (2013) 35(2) Sydney Law Review 317
  • Boughey, Janina --- "Rights, Review and Reasonableness: The Implications of Canada's New Approach to Administrative Decision-Making and Human Rights for Australia" [2013] SydLawRw 11; (2013) 35(2) Sydney Law Review 283
  • Appleby, Gabrielle; McDonald, Stephen --- "Looking at the Executive Power through the High Court's New Spectacles" [2013] SydLawRw 10; (2013) 35(2) Sydney Law Review 253
  • Butterly, Lauren --- "Clear Choices in Murky Waters: Leo Akiba on behalf of the Torrens Strait Regional Seas Claim Group v Commonwealth of Australia" [2013] SydLawRw 9; (2013) 35(1) Sydney Law Review 237
  • Cooper, Graeme S --- "Reforming the Taxation of Trusts: Piercing Together the Mosaic" [2013] SydLawRw 8; (2013) 35(1) Sydney Law Review 187
  • Mack, David --- " 'But Words Can Never Hurt Me' : Untangling and Reforming Queensland's Homosexual Advance Defence" [2013] SydLawRw 7; (2013) 35(1) Sydney Law Review 167
  • Then, Shih-Ning --- "Evolution and Innovation in Guardianship Laws: Assisted Decision-Making" [2013] SydLawRw 6; (2013) 35(1) Sydney Law Review 133
  • Moses, Lyria Bennett; Edgeworth, Brendan --- "Taking it Personally: Ebb and Flow in the Torrens System's In Personam Exception to Indefeasibility" [2013] SydLawRw 5; (2013) 35(1) Sydney Law Review 107
  • Crofts, Thomas; Lee, Murray --- " 'Sexting', Children and Child Pornography" [2013] SydLawRw 4; (2013) 35(1) Sydney Law Review 85
  • Schloenhardt, Andreas; Stacey, Kate L --- "Assistance and Protection of Smuggled Migrants: International Law and Australian Practice" [2013] SydLawRw 3; (2013) 35(1) Sydney Law Review 53
  • Bagust, Joanne --- "The Legal Profession and the Business of Law" [2013] SydLawRw 2; (2013) 35(1) Sydney Law Review 27
  • Rankin, Mark J --- "The Offence of Child Destruction: Issues for Medical Abortion" [2013] SydLawRw 1; (2013) 35(1) Sydney Law Review 1


  • Peevers, Charlotte --- "Review: The Right to Have Rights: Citizenship, Humanity, and International Law" [2012] SydLawRw 37; (2012) 34(4) Sydney Law Review 829
  • Lim, Brendan --- "Review Essay: An Australian Reads 'Living Originalism'" [2012] SydLawRw 36; (2012) 34(4) Sydney Law Review 809
  • Larcombe, Wendy; Heath, Mary --- "Developing the Common Law and Rewriting the History of Rape in Marriage in Australia: PGA v The Queen" [2012] SydLawRw 35; (2012) 34(4) Sydney Law Review 785
  • Grenfell, Laura; Hewitt, Anne --- "Gender Regulation: Restrictive, Facilitative or Transformative Laws?" [2012] SydLawRw 34; (2012) 34(4) Sydney Law Review 761
  • Bateman, Will --- "Legislating against Constitutional Invalidity: Constitutional Deeming Legislation" [2012] SydLawRw 33; (2012) 34(4) Sydney Law Review 721
  • Wangmann, Jane --- "Incidents v Context: How Does the NSW Protection Order System Understand Intimate Partner Violence?" [2012] SydLawRw 32; (2012) 34(4) Sydney Law Review 695
  • Lennan, Jo; Williams, George --- "The Death Penalty in Australian Law" [2012] SydLawRw 31; (2012) 34(4) Sydney Law Review 659
  • Bartie, Susan; Gava, John --- "Some Problems with Extrajudicial Writing" [2012] SydLawRw 30; (2012) 34(4) Sydney Law Review 637
  • Riley, Joellen --- "Sterilising Talent: A Critical Assessment of Injunctions Enforcing Negative Covenants" [2012] SydLawRw 29; (2012) 34(4) Sydney Law Review 617
  • Karaka, Corey --- "Secret Intentions and Slippery Words: Byrnes v Kendle" [2012] SydLawRw 28; (2012) 34(3) Sydney Law Review 599
  • Richardson, Megan --- "Why Policy Matters: Google Inc v Australian Competition and Consumer Commission" [2012] SydLawRw 27; (2012) 34(3) Sydney Law Review 587
  • Anderson, Helen; Gahan, Peter; Mitchell, Richard; Ramsay, Ian; Welsh, Michelle --- "Investor and Worker Protection in Australia: A Longitudinal Analysis" [2012] SydLawRw 26; (2012) 34(3) Sydney Law Review 573
  • Crouch, Melissa --- "Judicial Review and Religious Freedom: The Case of Indonesian Ahmadis" [2012] SydLawRw 25; (2012) 34(3) Sydney Law Review 545
  • Simmons, Frances --- "Making Possibilities Realities: Compensation for Trafficked People" [2012] SydLawRw 24; (2012) 34(3) Sydney Law Review 511
  • Roberts, Heather --- " 'Swearing Mary': The Significance of the Speeches Made at Mary Gaudron's Swearing-in as a Justice of the High Court of Australia" [2012] SydLawRw 23; (2012) 34(3) Sydney Law Review 493
  • Sheehy, Elizabeth; Stubbs, Julie; Tolmie, Julia --- "Defences to Homicide for Battered Women: A Comparative Analysis of Laws in Australia, Canada and New Zealand" [2012] SydLawRw 22; (2012) 34(3) Sydney Law Review 467
  • Crock, Mary; Kenny, Mary Anne --- "Rethinking the Guardianship of Refugee Children after the Malaysian Solution" [2012] SydLawRw 21; (2012) 34(3) Sydney Law Review 437
  • Anderson, Helen --- "The Proposed Deterrence of Phoenix Activity: An Opportunity Lost?" [2012] SydLawRw 20; (2012) 34(3) Sydney Law Review 411
  • Gavin, Tarsha --- "Extending the Reach of Kable: Wainohu v New South Wales" [2012] SydLawRw 19; (2012) 34(2) Sydney Law Review 395
  • Bowrey, Kathy --- "Review: How to Fix Copyright by William Patry" [2012] SydLawRw 18; (2012) 34(2) Sydney Law Review 391
  • Bartie, Susan --- "Review Essay: The Social Sciences in Australia and the Experience of Law" [2012] SydLawRw 17; (2012) 34(2) Sydney Law Review 371
  • Whitfort, Amanda --- "Evaluating China's Draft Animal Protection Law" [2012] SydLawRw 16; (2012) 34(2) Sydney Law Review 347
  • Macdonald, Stuart --- "Understanding Anti-Terrorism Policy: Values, Rationales and Principles" [2012] SydLawRw 15; (2012) 34(2) Sydney Law Review 317
  • Beck, Luke --- "What is a 'Supreme Court of a State'?" [2012] SydLawRw 14; (2012) 34(2) Sydney Law Review 295
  • Gunningham, Neil --- "Asbestos-Related Diseases and Workers' Compensation" [2012] SydLawRw 13; (2012) 34(2) Sydney Law Review 269
  • Harding, Matthew; Malkin, Ian --- "The High Court of Australia's Obiter Dicta and Decision-Making in the Lower Courts" [2012] SydLawRw 12; (2012) 34(2) Sydney Law Review 239
  • Heydon, J D --- "Varieties of Judicial Method in the Late 20th Century" [2012] SydLawRw 11; (2012) 34(2) Sydney Law Review 219
  • Nottage, Luke; Aoun, Fady --- "The Derivative Action in Asia: A Comparative and Functional Approach" [2012] SydLawRw 10; (2012) 34(1) Sydney Law Review 215
  • Sadiq, Kerrie; Black, Ann --- "Embracing Sharia-Compliant Products through Regulatory Amendment to Achieve Parity of Treatment" [2012] SydLawRw 9; (2012) 34(1) Sydney Law Review 189
  • Godwin, Andrew --- "Corporate Rescue in Asia - Trends and Challenges" [2012] SydLawRw 8; (2012) 34(1) Sydney Law Review 163
  • Nottage, Luke; Kozuka, Souichirou --- "Lessons from Product Safety Regulation for Reforming Consumer Credit Markets in Japan and Beyond" [2012] SydLawRw 7; (2012) 34(1) Sydney Law Review 129
  • Lindsey, Tim --- "Between Piety and Prudence: State Syariah and the Regulation of Islamic Banking in Indonesia" [2012] SydLawRw 6; (2012) 34(1) Sydney Law Review 107
  • Butt, Simon; Parsons, Nicholas --- "Reining in Regional Governments? Local Taxes and Investment in Decentralised Indonesia" [2012] SydLawRw 5; (2012) 34(1) Sydney Law Review 91
  • Stoianoff, Natalie P --- "The Influence of the WTO over China's Intellectual Property Regime" [2012] SydLawRw 4; (2012) 34(1) Sydney Law Review 65
  • Biddulph, Sarah --- "Responding to Industrial Unrest in China: Prospects for Strengthening the Role of Collective Bargaining" [2012] SydLawRw 3; (2012) 34(1) Sydney Law Review 35
  • Bath, Vivienne --- "Foreign Investment, the National Interest and National Security - Foreign Direct Investment in Australia and China" [2012] SydLawRw 2; (2012) 34(1) Sydney Law Review 5
  • Bath, Vivienne; Nottage, Luke --- "Asian Investment and Finance Law" [2012] SydLawRw 1; (2012) 34(1) Sydney Law Review 1


  • Murphy, Kerry --- "Immigration Refugees and Forced Migration" [2011] SydLawRw 35; (2011) 33(4) Sydney Law Review 857
  • Wickham, Ben --- "Vicarious Liability in Tort: A Comparative Perspective" [2011] SydLawRw 34; (2011) 33(4) Sydney Law Review 849
  • Stewart-Weeks, Hannah --- "Out of Sight but Not Out of Mind: Plaintiff M61/2010E v Commonwealth" [2011] SydLawRw 33; (2011) 33(4) Sydney Law Review 831
  • Burrell, Robert; Weatherall, Kimberlee --- "Providing Services to Copyright Infringers: Roadshow Films Pty Ltd v iiNet Ltd" [2011] SydLawRw 32; (2011) 33(4) Sydney Law Review 801
  • Medlow, Sharon; Kelk, Norm; Hickie, Ian --- "Depression and the Law: Experiences of Australian Barristers and Solicitors" [2011] SydLawRw 31; (2011) 33(4) Sydney Law Review 771
  • Beaton-Wells, Caron; Platania-Phung --- "Anti-Cartel Advocacy - How Has the ACCC Fared?" [2011] SydLawRw 30; (2011) 33(4) Sydney Law Review 735
  • McAdam, Jane --- "Australian Complementary Protection: A Step-By-Step Approach" [2011] SydLawRw 29; (2011) 33(4) Sydney Law Review 687
  • Duggan, Anthony --- "Romalpa Agreements Post-PPSA" [2011] SydLawRw 28; (2011) 33(4) Sydney Law Review 645
  • Mason, Anthony --- "The Rule of Law in the Shadow of the Giant: The Hong Kong Experience" [2011] SydLawRw 27; (2011) 33(4) Sydney Law Review 623
  • Lacey, Nicola --- "The Way We Lived Then: The Legal Profession and the 19th-Century Novel" [2011] SydLawRw 26; (2011) 33(4) Sydney Law Review 599
  • Biber, Katherine --- "Evidence From the Archive: Implementing the Court Information Act in NSW" [2011] SydLawRw 25; (2011) 33(3) Sydney Law Review 575
  • Palmer, Andrew --- "Why and How to Teach Proof" [2011] SydLawRw 24; (2011) 33(3) Sydney Law Review 563
  • Franklin, James --- "The Objective Bayersian Conceptualisation of Proof and Reference Class Problems" [2011] SydLawRw 23; (2011) 33(3) Sydney Law Review 545
  • Gans, Jeremy --- "A Tale of Two High Court Forensic Cases" [2011] SydLawRw 22; (2011) 33(3) Sydney Law Review 515
  • Ligertwood, Andrew --- "Can DNA Evidence Alone Convict An Accused?" [2011] SydLawRw 21; (2011) 33(3) Sydney Law Review 487
  • Cole, Simon A --- "Splitting Hairs? Evaluating 'Split Testimony' As An Approach to the Problem of Forensic Expert Evidence" [2011] SydLawRw 20; (2011) 33(3) Sydney Law Review 459
  • Kumar, Miiko --- "Admissibility of Expert Evidence: Proving the Basis For An Expert's Opinion" [2011] SydLawRw 19; (2011) 33(3) Sydney Law Review 427
  • Edmond, Gary; Martire, Kristy; San Roque, Mehera --- "Mere Guesswork': Cross-Lingual Voice Comparisons and the Jury" [2011] SydLawRw 18; (2011) 33(3) Sydney Law Review 395
  • Edmond, Gary; Roberts, Andrew --- "Procedural Fairness, the Criminal Trial and Forensic Science and Medicine" [2011] SydLawRw 17; (2011) 33(3) Sydney Law Review 359
  • Dennis, Ian --- "The Human Rights Act and the Law of Criminal Evidence: Ten Years On" [2011] SydLawRw 16; (2011) 33(3) Sydney Law Review 333
  • Hamer, David --- "21st Century Challenges in Evidence Law" [2011] SydLawRw 15; (2011) 33(3) Sydney Law Review 325
  • Gummow, William M C --- "The Australia Acts 1986" [2011] SydLawRw 14; (2011) 33(2) Sydney Law Review 319
  • Donald, M Scott --- "What's in a Name? Examining the Consequences of Inter-legality in Australia's Superannuation System" [2011] SydLawRw 13; (2011) 33(2) Sydney Law Review 295
  • Chaikin, David --- "Adapting the Qualifications to the Banker's Common Law Duty of Confidentiality to Fight Transnational Crime" [2011] SydLawRw 12; (2011) 33(2) Sydney Law Review 265
  • Weatherall, Kim --- "Politics, Compromise, Text and the Failures of the Anti-Counterfeiting Trade Agreement" [2011] SydLawRw 11; (2011) 33(2) Sydney Law Review 229
  • Brennan, David J --- "The Beautiful Restitutionary Heresy of a Larrikin" [2011] SydLawRw 10; (2011) 33(2) Sydney Law Review 209
  • Groves, Matthew --- "The Duty to Inquire in Tribunal Proceedings" [2011] SydLawRw 9; (2011) 33(2) Sydney Law Review 177
  • Gava, John --- "When Dixon Nodded: Further Studies of Sir Owen Dixon's Contracts Jurisprudence" [2011] SydLawRw 8; (2011) 33(2) Sydney Law Review 157
  • Kumar, Miiko --- "Uniform Evidence" [2011] SydLawRw 7; (2011) 33(1) Sydney Law Review 151
  • Lloyd, Stephen --- "Compulsory Acquisition and Informal Agreements: Spencer v Commonwealth" [2011] SydLawRw 6; (2011) 33(1) Sydney Law Review 137
  • Stubbs, Matthew --- "The Acquisition of Indigenous Property on Just Terms: Wurridjal v Commonwealth" [2011] SydLawRw 5; (2011) 33(1) Sydney Law Review 119
  • Finlay, Lorraine --- "Exporting the Death Penalty? Reconciling International Police Cooperation and the Abolition of the Death Penalty in Australia" [2011] SydLawRw 4; (2011) 33(1) Sydney Law Review 95
  • Foster, Neil --- "The Merits of the Civil Actiion for Breach of Statutory Duty" [2011] SydLawRw 3; (2011) 33(1) Sydney Law Review 67
  • Glister, Jamie --- "Is There a Presumption of Advancement?" [2011] SydLawRw 2; (2011) 33(1) Sydney Law Review 39
  • Parkinson, Patrick; Cashmore, Judy; Single, Judi --- "Post-Separation Conflict and the Use of Family Violence Orders" [2011] SydLawRw 1; (2011) 33(1) Sydney Law Review 1


  • Harris, Jason; Hargovan, Anil --- "Corporate Groups: The Intersection Between Corporate and Tax Law - Commissioner of Taxation v BHP Billiton Finance Ltd" [2010] SydLawRw 33; (2010) 32(4) Sydney Law Review 723
  • Tully, Stephen --- "Habib v Commonwealth: Clarifying the State of Play for Acts of State?" [2010] SydLawRw 32; (2010) 32(4) Sydney Law Review 711
  • Caristo, Megan --- "Secretary of State ofr the Home Department v AF: A Lesson for Australia?" [2010] SydLawRw 31; (2010) 32(4) Sydney Law Review 693
  • Schloenhardt, Andreas; Jolly, Jarrod --- "Honeymoon From Hell: Human Trafficking and Domestic Servitude in Australia" [2010] SydLawRw 30; (2010) 32(4) Sydney Law Review 671
  • Allison, Fiona; Cunneen, Chris --- "The Role of Indigenous Justice Agreements in Improving Legal and Social Outcomes For Indigenous People" [2010] SydLawRw 29; (2010) 32(4) Sydney Law Review 645
  • Allan, Sonia --- "Regulatory Design Strategies and Enforcements Approaches for Research Involving Human Embryos and Cloning in Australia and the United Kingdom - Time for a Change" [2010] SydLawRw 28; (2010) 32(4) Sydney Law Review 617
  • Kildea, Paul; Williams, George --- "The Constitution and the Management of Water in Australia's Rivers" [2010] SydLawRw 27; (2010) 32(4) Sydney Law Review 595
  • Zhou, Qi --- "Damages For Repudiation: An Ex Ante Perspective On The Golden Victory" [2010] SydLawRw 26; (2010) 32(4) Sydney Law Review 579
  • Kesby, Alison --- "Making People Illegal: What Globalization Means For Migration And Law" [2010] SydLawRw 25; (2010) 32(3) Sydney Law Review 575
  • Lyons, Alicia --- "Recasting the landscape of interlocutory applications: Aon Risk Services Australia Ltd v Australian National University" [2010] SydLawRw 24; (2010) 32(3) Sydney Law Review 549
  • Loughnan, Arlie --- "Understanding the Criminal Trial: A Response to HL Ho" [2010] SydLawRw 23; (2010) 32(3) Sydney Law Review 533
  • Witzleb, Normann --- "Equity does not act in vain': An analysis of futility arguments in claims for injunctions" [2010] SydLawRw 22; (2010) 32(3) Sydney Law Review 503
  • Nehme, Marina --- "Enforceable Undertakings: Are they Procedurally Fair?" [2010] SydLawRw 21; (2010) 32(3) Sydney Law Review 471
  • Naylor, Bronwyn; Schmidt, Johannes --- "Do Prisoners have a Right to Fairness before the Parole Board?" [2010] SydLawRw 20; (2010) 32(3) Sydney Law Review 437
  • Bromberger, Nikki --- "Negligence and Inherent Unreasonableness" [2010] SydLawRw 19; (2010) 32(3) Sydney Law Review 411
  • Devonshire, Peter --- "Account of Profits for Breach of Fiduciary Duty" [2010] SydLawRw 18; (2010) 32(3) Sydney Law Review 389
  • Lynch, Andrew --- "After a Referral: The Amendment and Termination of Commonwealth Laws Relying on s 51(xxxvii)" [2010] SydLawRw 17; (2010) 32(3) Sydney Law Review 363
  • Tan, David --- "The Fame Monster Reloaded: The Contemporary Celebrity, Cultural Studies and Passing Off" [2010] SydLawRw 16; (2010) 32(2) Sydney Law Review 335
  • Pearson, Gail --- "Reading Suitability against Fitness for Purpose: The Evolution of a Rule" [2010] SydLawRw 15; (2010) 32(2) Sydney Law Review 311
  • Kum, Leong Wai --- "The Law in Singapore on Rights and Responsibilities in Marital Agreements" [2010] SydLawRw 14; (2010) 32(2) Sydney Law Review 289
  • Lai, Ho Hock --- "Liberalism and the Criminal Trial" [2010] SydLawRw 13; (2010) 32(2) Sydney Law Review 269
  • Gray, Kevin --- "Regulatory Property and the Jurisprudence of Quasi-Public Trust" [2010] SydLawRw 12; (2010) 32(2) Sydney Law Review 237
  • Findlay, Mark --- "The Challenge for Asian Jurisdictions in the Development of International Criminal Justice" [2010] SydLawRw 11; (2010) 32(2) Sydney Law Review 215
  • Carney, Terry --- "The Future of Welfare Law in a Changing World: Lessons from Australia and Singapore" [2010] SydLawRw 10; (2010) 32(2) Sydney Law Review 199
  • Butt, Simon --- "Regional Autonomy and Legal Disorder: The Proliferation of Local Laws in Indonesia" [2010] SydLawRw 9; (2010) 32(2) Sydney Law Review 177
  • Bannister, Judith --- "The Paradox of Public Disclosure: Hogan v Australian Crime Commission" [2010] SydLawRw 8; (2010) 32(1) Sydney Law Review 159
  • Harris, Jason --- "Charting the Limits of Insolvency Reorganisations: Lehman Brothers Holdings Inc v City of Swan" [2010] SydLawRw 7; (2010) 32(1) Sydney Law Review 141
  • McLeod, Andrew --- "The Executive and Financial Powers of the Commonwealth: Pape v Commissioner of Taxation" [2010] SydLawRw 6; (2010) 32(1) Sydney Law Review 123
  • Kilk, Norm; Medlow, Sharon; Hickie, Ian --- "Distress and Depression among Australian Law Students: Incidence, attitudes and the role of universities" [2010] SydLawRw 5; (2010) 32(1) Sydney Law Review 113
  • Jensen, Darryn --- "Reining in the Constructive Trust" [2010] SydLawRw 4; (2010) 32(1) Sydney Law Review 87
  • O'Brien, Justin --- "The Future of Financial Regulation: Enhancing integrity through design" [2010] SydLawRw 3; (2010) 32(1) Sydney Law Review 63
  • Handford, Peter --- "Intentional Negligence: A contradiction in terms?" [2010] SydLawRw 2; (2010) 32(1) Sydney Law Review 29
  • Thornton, Margaret; Luker, Trish --- "The New Racism in Employment Discrimination: Tales from the global economy" [2010] SydLawRw 1; (2010) 32(1) Sydney Law Review 1


  • Oreb, Naomi --- "Betting Across Borders - Betfair Pty Limited v Western Australia" [2009] SydLawRw 25; (2009) 31(4) Sydney Law Review 607
  • Allen, Dominique --- "Reducing the Burden of Proving Discrimination in Australia" [2009] SydLawRw 24; (2009) 31(4) Sydney Law Review 579
  • Harding, Matthew --- "Distinguishing Government and Charity in Australian Law" [2009] SydLawRw 23; (2009) 31(4) Sydney Law Review 559
  • Lunney, Mark --- "False Imprisonment, Fare Dodging and Federation: Mr Robertson's Evening Out" [2009] SydLawRw 22; (2009) 31(4) Sydney Law Review 537
  • Meyerson, Denise --- "Risks, Rights, Statistics and Compulsory Measures" [2009] SydLawRw 21; (2009) 31(4) Sydney Law Review 507
  • Baghoomians, Irene --- "Thinking Like a Lawyer: A New Introduction to Legal Reasoning, by Frederick Schauer" [2009] SydLawRw 20; (2009) 31(3) Sydney Law Review 499
  • Kilodizner, Irina --- "Developing an Australian Anti-Slavery Jurisprudence R v Tang" [2009] SydLawRw 19; (2009) 31(3) Sydney Law Review 487
  • Hamer, David --- "Mind the 'Evidential Gap' Causation and Proof in Amaca Pty Ltd v Ellis" [2009] SydLawRw 18; (2009) 31(3) Sydney Law Review 465
  • Mckenzie, Michael --- "Water Rights in NSW: Properly Property?" [2009] SydLawRw 17; (2009) 31(3) Sydney Law Review 443
  • Bateman, William --- "Procedural Due Process under the Australian Constitution" [2009] SydLawRw 16; (2009) 31(3) Sydney Law Review 411
  • Hume, David; Williams, George --- "Australian Censorship Policy and the Advocacy of Terrorism" [2009] SydLawRw 15; (2009) 31(3) Sydney Law Review 381
  • Besson, Samantha --- "The Authority of International Law: Lifting the State Veil" [2009] SydLawRw 14; (2009) 31(3) Sydney Law Review 343
  • Kirby, Michael --- "A Matter of Conscience: Sir Ronald Wilson, by Antonio Buti" [2009] SydLawRw 13; (2009) 31(2) Sydney Law Review 331
  • Murray, Ian --- "Charity Means Business Commissioner of Taxation v Word Investments Ltd" [2009] SydLawRw 12; (2009) 31(2) Sydney Law Review 309
  • Sheehan, Kym --- "The Regulatory Framework for Executive Remuneration in Australia" [2009] SydLawRw 11; (2009) 31(2) Sydney Law Review 273
  • Hepburn, Samantha --- "Carbon Rights as New Property: The benefits of statutory verification" [2009] SydLawRw 10; (2009) 31(2) Sydney Law Review 239
  • Durbach, Andrea; Renshaw, Catherine; Byrnes, Andrew --- "A tongue but no teeth?': The emergence of a regional human rights mechanism in the Asia Pacific region" [2009] SydLawRw 9; (2009) 31(2) Sydney Law Review 211
  • Bowrey, Kathy; Fowell, Natalie --- "Digging Up Fragments and Building IP Franchises" [2009] SydLawRw 8; (2009) 31(2) Sydney Law Review 185
  • Kirby, Nikolas --- "When Rights Cause Injustice: A Critique of the Vexatious Proceedings Act 2008 (NSW)" [2009] SydLawRw 7; (2009) 31(1) Sydney Law Review 163
  • Corbett, Angus; Spender, Peta --- "Corporate Constitutionalism" [2009] SydLawRw 6; (2009) 31(1) Sydney Law Review 147
  • Mckillop, Bron --- "The New French Jury Court of Appeal Revisited" [2009] SydLawRw 5; (2009) 31(1) Sydney Law Review 143
  • Bates, Rebecca --- "The Trade in Water Services: How Does GATS Apply to the Water and Sanitation Services Sector?" [2009] SydLawRw 4; (2009) 31(1) Sydney Law Review 121
  • Saul, Ben --- "Prosecuting war Crimes at Balibo Under Australian Law; The Killing of Five Journalists in East Timor by Indonesia" [2009] SydLawRw 3; (2009) 31(1) Sydney Law Review 83
  • Gardiner, Mary --- "His Master's Voice? Work Choices as a Return to Master and Servant Concepts" [2009] SydLawRw 2; (2009) 31(1) Sydney Law Review 53
  • Mclauchlan, David --- "Contract Interpretation: What Is It About?" [2009] SydLawRw 1; (2009) 31(1) Sydney Law Review 5


  • Garsia, Anna --- "The Unsettled Safety Net of the Unfairness Discretion: Section 90 of the Evidence Act 1995 (NSW) in Em v The Queen" [2008] SydLawRw 33; (2008) 30(4) Sydney Law Review 715
  • Dent, Chris --- "Patents as Administrative Acts: Patent Decisions for Administrative Review?" [2008] SydLawRw 32; (2008) 30(4) Sydney Law Review 691
  • Pham, Kim --- "Enforcement of Non-Monetary Foreign Judgments in Australia" [2008] SydLawRw 31; (2008) 30(4) Sydney Law Review 663
  • Bennett Moses, Lyria --- "The Applicability of Property Law in New Contexts: From Cells to Cyberspace" [2008] SydLawRw 30; (2008) 30(4) Sydney Law Review 639
  • Kirchengast, Tyrone --- "Sentencing Law and the 'Emotional Catharsis' of Victim's Rights in NSW Homicide Cases" [2008] SydLawRw 29; (2008) 30(4) Sydney Law Review 615
  • Steel, Steel --- "Problematic and Unnecessary? Issues with the Use of the Theft Offence to Protect Intangible Property" [2008] SydLawRw 28; (2008) 30(4) Sydney Law Review 575
  • Gerangelos, Peter --- "Eulogy for Professor George Winterton" [2008] SydLawRw 27; (2008) 30(4) Sydney Law Review 567
  • Di Ciaccio, Pietro --- "A Torturer's Manifesto? Impunity through Immunity in Jones v The Kingdom of Saudi Arabia" [2008] SydLawRw 26; (2008) 30(3) Sydney Law Review 551
  • Gray, Anthony --- "Getting it Right: Where is the Place of the Wrong in a Multinational Torts Case?" [2008] SydLawRw 25; (2008) 30(3) Sydney Law Review 537
  • Forsyth, Anthony --- "Australian Regulation of Economic Dismissals: Before, During and After 'Work Choices'" [2008] SydLawRw 24; (2008) 30(3) Sydney Law Review 506
  • Anderson, Helen --- "Directors' Liability for Unpaid Employee Entitlements: Suggestions for Reform Based on their Liabilities for Unremitted Taxes" [2008] SydLawRw 23; (2008) 30(3) Sydney Law Review 470
  • Douglas, Heather --- "The Criminal Law's Response to Domestic Violence: What's Going On?" [2008] SydLawRw 22; (2008) 30(3) Sydney Law Review 439
  • Cassimatis, Anthony, E --- "Government Procurement Following the Australia US Free Trade Agreement: Is Australia Complying with its Obligations to Provide Remedies to Unsuccessful Tenderers?" [2008] SydLawRw 21; (2008) 30(3) Sydney Law Review 412
  • Tamanaha, Brian Z --- "Understanding Legal Pluralism: Past to Present, Local to Global" [2008] SydLawRw 20; (2008) 30(3) Sydney Law Review 375
  • Meagher, R P --- "The Reception of English Law Abroad by B H McPherson" [2008] SydLawRw 19; (2008) 30(2) Sydney Law Review 371
  • Maamary, Norm --- "Determining Where the Truth Lies: Institutional Prosecutors and the Tort of Malicious Prosecution" [2008] SydLawRw 18; (2008) 30(2) Sydney Law Review 357
  • Carney, Terry; Tait, David; Beupert, Fleur --- "Pushing the Boundaries: Realising Rights Through Mental Health Tribunal Processes?" [2008] SydLawRw 17; (2008) 30(2) Sydney Law Review 329
  • Evans, Simon; Williams, John --- "Appointing Australian Judges: A New Model" [2008] SydLawRw 16; (2008) 30(2) Sydney Law Review 295
  • Allan, James; Aroney, Nicholas --- "An Uncommon Court: How the High Court of Australia has Undermined Australian Federalism" [2008] SydLawRw 15; (2008) 30(2) Sydney Law Review 245
  • Sweeney, Brendan J --- "Global Competition: Searching For A Rational Basis For Global Competition Rules" [2008] SydLawRw 14; (2008) 30(2) Sydney Law Review 209
  • Kirby, Michael --- "Judicial Supersession: The Controversial Establishment of the New South Wales Court of Appeal" [2008] SydLawRw 13; (2008) 30(2) Sydney Law Review 177
  • Heydon, J D --- "The Assignment of Contractual Rights by Greg Tolhurst" [2008] SydLawRw 12; (2008) 30(1) Sydney Law Review 169
  • Williams, George --- "High Court Appointments: The Need for Reform" [2008] SydLawRw 11; (2008) 30(1) Sydney Law Review 161
  • Gageler, Stephen --- "Judicial Appointment" [2008] SydLawRw 10; (2008) 30(1) Sydney Law Review 157
  • Mccoll, Ruth --- "Judicial Appointment" [2008] SydLawRw 9; (2008) 30(1) Sydney Law Review 153
  • Irving, Helen --- "Still Call Australia Home: The Constitution and the Citizen's Right of Abode" [2008] SydLawRw 8; (2008) 30(1) Sydney Law Review 131
  • Tate, Pamela --- "Some Observations on the Common Law and the Constitution" [2008] SydLawRw 7; (2008) 30(1) Sydney Law Review 119
  • Handsley, Elizabeth --- "Comment" [2008] SydLawRw 6; (2008) 30(1) Sydney Law Review 115
  • Keyzer, Patrick --- "Preserving Due Process or Warehousing the Undesirables: To What End the Separation of Judicial Power of the Commonwealth?" [2008] SydLawRw 5; (2008) 30(1) Sydney Law Review 101
  • Mason, Anthony --- "Comment" [2008] SydLawRw 4; (2008) 30(1) Sydney Law Review 95
  • Gerangelos, Peter --- "The Separation of Powers and Legislative Interference in Pending Cases" [2008] SydLawRw 3; (2008) 30(1) Sydney Law Review 61
  • Lindell, Geoffrey --- "Constitutional Issues Regarding Same-Sex Marriage: A Comparative Survey - North America and Australasia" [2008] SydLawRw 2; (2008) 30(1) Sydney Law Review 27
  • Mchugh, Michael --- "The Constitutional Jurisprudence of the High Court" [2008] SydLawRw 1; (2008) 30(1) Sydney Law Review 5


  • Thornton, Margaret --- "The First Women Lawyers: A Comparative Study of Gender, Law and the Legal Professions by Mary Jane Mossman" [2007] SydLawRw 29; (2007) 29(4) Sydney Law Review 735
  • Rose, Anna --- "Gray v Minister for Planning: Rising Tide of Climate Change Litigation in Australia" [2007] SydLawRw 28; (2007) 29(4) Sydney Law Review 725
  • Atkin, Hugh --- "Knowing Receipt' Following Farah Constructions Pty Ltd v Say-Dee Pty Ltd" [2007] SydLawRw 27; (2007) 29(4) Sydney Law Review 713
  • Stokes, Michael --- "Contested Concepts, General Terms and Constitutional Evolution" [2007] SydLawRw 26; (2007) 29(4) Sydney Law Review 683
  • Kenyon, Andrew --- "Perfecting Polly Peck: Defences of Truth and Opinion in Australian Defamation Law and Practice" [2007] SydLawRw 25; (2007) 29(4) Sydney Law Review 651
  • Burton, Mark --- "Chaos, Rhetoric and the Legitimation of 'Democratic Government': A Critical Review of Australia's Tax Legislative Process" [2007] SydLawRw 24; (2007) 29(4) Sydney Law Review 613
  • Keay, Andrew --- "Tackling the Issue of the Corporate Objective: An Analysis of the United Kingdom's 'Enlightened Shareholder Value Approach'" [2007] SydLawRw 23; (2007) 29(4) Sydney Law Review 577
  • Kinley, David --- "Human Rights Fundamentalisms" [2007] SydLawRw 22; (2007) 29(4) Sydney Law Review 545
  • Zelinka, Marley --- "Hicks v Ruddock versus The United States v Hicks" [2007] SydLawRw 21; (2007) 29(3) Sydney Law Review 527
  • Nguyen, David --- "A Heart of Darkness: The Mysterious Interior of Ferdinands v Commissioner for Public Employment" [2007] SydLawRw 20; (2007) 29(3) Sydney Law Review 511
  • Armson, Emma --- "Attorney-General (Commonwealth) v Alinta Limited: Will the Takeovers Panel Survive Constitutional Challenge?" [2007] SydLawRw 19; (2007) 29(3) Sydney Law Review 495
  • Goudkamp, James --- "A Revival of the Doctrine of Attainder? The Statutory Illegality Defences to Liability in Tort" [2007] SydLawRw 18; (2007) 29(3) Sydney Law Review 445
  • Marchetti, Elena; Daly, Kathleen --- "Indigenous Sentencing Courts: Towards a Theoretical and Jurisprudential Model" [2007] SydLawRw 17; (2007) 29(3) Sydney Law Review 415
  • Thornton, Margaret --- "Otherness' on the Bench: How Merit is Gendered" [2007] SydLawRw 16; (2007) 29(3) Sydney Law Review 391
  • Gunningham, Neil --- "Prosecution for OHS Offences: Deterrent or Disincentive?" [2007] SydLawRw 15; (2007) 29(3) Sydney Law Review 359
  • Costello, Mark --- "The Defence of Passing On by Michael Rush" [2007] SydLawRw 14; (2007) 29(2) Sydney Law Review 351
  • Cerecina, Mila --- "Semiotics, Constructivism and Sedition" [2007] SydLawRw 13; (2007) 29(2) Sydney Law Review 341
  • Morrell, Sascha --- "Vasiljkovic v Commonwealth of Australia" [2007] SydLawRw 12; (2007) 29(2) Sydney Law Review 321
  • Guttman, Daniel --- "Vicki Roach v Commonwealth: Is the Blanket Disenfranchisement of convicted Prisoners Unconstitutional?" [2007] SydLawRw 11; (2007) 29(2) Sydney Law Review 297
  • Simpson, Amelia --- "The High Court's Conception of Discrimination: Origins, Applications, and Implications" [2007] SydLawRw 10; (2007) 29(2) Sydney Law Review 263
  • Vines, Prue --- "The Sacred and the Profane: The Role of Property Concepts in Disputes about Post-mortem Examination" [2007] SydLawRw 9; (2007) 29(2) Sydney Law Review 235
  • Lynch, Andrew --- "The Intelligence of a Future Day': The Vindication of Constitutional Dissent in the High Court Australia -1981-2003" [2007] SydLawRw 8; (2007) 29(2) Sydney Law Review 195
  • Turner, Peter --- "Company Charges and Beyond, edited by Joshua Getzler & Jennifer Payne" [2007] SydLawRw 7; (2007) 29(1) Sydney Law Review 187
  • Strachan, Fyfe --- "Keeping up Appearances: Apprehended Bias in Antoun v The Queen" [2007] SydLawRw 6; (2007) 29(1) Sydney Law Review 175
  • Burnett, Jonathan --- "Avoiding Difficult Questions: Vicarious Liability and Independent Contractors in Sweeney v Boylan Nominees" [2007] SydLawRw 5; (2007) 29(1) Sydney Law Review 163
  • Kaspiew, Rae --- "Empirical Insights into Parental Attitudes and Children's Interests in Family Court Litigation" [2007] SydLawRw 4; (2007) 29(1) Sydney Law Review 131
  • Taylor, Greg --- "Two Refusals of Royal Assent in Victoria" [2007] SydLawRw 3; (2007) 29(1) Sydney Law Review 85
  • Douglas, Roger --- "Cold War Justice? Judicial Responses to Communists and Communism, 1945-1955" [2007] SydLawRw 2; (2007) 29(1) Sydney Law Review 43
  • Morabito, Vince --- "Class Actions Instituted only for the Benefit of the Clients of the Class Representative's Solicitors" [2007] SydLawRw 1; (2007) 29(1) Sydney Law Review 5


  • Hunter, Rosemary --- "Narratives of Domestic Violence" [2006] SydLawRw 31; (2006) 28(4) Sydney Law Review 733
  • Smith, Belinda --- "Not the Baby and the Bathwater: Regulatory Reform for Equality Laws to Address Work-Family Conflict" [2006] SydLawRw 30; (2006) 28(4) Sydney Law Review 689
  • Kapur, Ratna --- "Human Rights in the 21st Century: Take a Walk on the Dark Side" [2006] SydLawRw 29; (2006) 28(4) Sydney Law Review 665
  • Savell, Kristin --- "Is the 'Born Alive' Rule Outdated and Indefensible?" [2006] SydLawRw 28; (2006) 28(4) Sydney Law Review 625
  • Karpin, Isabel --- "The Uncanny Embryos: Legal Limits to the Human and Reproduction Without Women" [2006] SydLawRw 27; (2006) 28(4) Sydney Law Review 599
  • Moran, Leslie --- "Judicial Diversity and the Challenge of Sexuality: Some Preliminary Findings" [2006] SydLawRw 26; (2006) 28(4) Sydney Law Review 565
  • Grey, Alice --- "Harriton v Stephens: Life, Logic and Legal Fictions" [2006] SydLawRw 25; (2006) 28(3) Sydney Law Review 545
  • Corkhill, Andrew --- "Merger Regulation Reform: Do we Need a Form Clearance Process? Reassessing the Relevance of the Trade Practices Legislation Amendment Bill (No 1) 2005" [2006] SydLawRw 24; (2006) 28(3) Sydney Law Review 535
  • Aroney, Nicholas --- "Justice McHugh, Representative Government and the Elimination of Balancing" [2006] SydLawRw 23; (2006) 28(3) Sydney Law Review 505
  • Mitchell, Paul --- "The Foundations of Australian Defamation Law" [2006] SydLawRw 22; (2006) 28(3) Sydney Law Review 477
  • Stewart, Miranda --- "Are You Two Interdependent?' Family, Property and Same-Sex Couples in Australia's Superannuation Regime" [2006] SydLawRw 21; (2006) 28(3) Sydney Law Review 437
  • Reilly, Alexander --- "A Constitutional Framework for Indigenous Governance" [2006] SydLawRw 20; (2006) 28(3) Sydney Law Review 403
  • Ziegert, Lotta --- "Does the Public Purse Have Strings Attached? Combet & Anor v Commonwealth of Australia & Ors" [2006] SydLawRw 19; (2006) 28(2) Sydney Law Review 387
  • Mcdermott, Beth --- "Commissioner of Taxation v Stone (2005) 215 ALR 61: It's Implications for the Role of Intention in Assessing Business Receipts, and the Treatment of Gains Made by Athletes" [2006] SydLawRw 18; (2006) 28(2) Sydney Law Review 373
  • O'Sullivan, Maria --- "Minister for Immigration and Multicultural and Indigenous Affairs v QAAH: Cessation of Refugee Status" [2006] SydLawRw 17; (2006) 28(2) Sydney Law Review 359
  • Mckillop, Bron --- "Review of Convictions After Jury Trials: The New French Jury Court of Appeal" [2006] SydLawRw 16; (2006) 28(2) Sydney Law Review 343
  • Mccomish, James --- "Foreign Legal Privilege: A New Problem for Australian Private International Law" [2006] SydLawRw 15; (2006) 28(2) Sydney Law Review 297
  • Corbett, Angus --- "Regulating Compensation for Injuries Associated with Medical Error" [2006] SydLawRw 14; (2006) 28(2) Sydney Law Review 259
  • Rawling, Michael --- "Australian Trade Unions as Shareholder Activists: The Rocky Path Towards Corporate Democracy" [2006] SydLawRw 13; (2006) 28(2) Sydney Law Review 227
  • Loughlan, Patricia --- "Pirates, Parasites, Reapers, Sowers, Fruits, Foxes ... The Metaphors of Intellectual Property" [2006] SydLawRw 12; (2006) 28(2) Sydney Law Review 211
  • Chia, Madelaine --- "Imperialism, Sovereignty and the Making of International Law by Antony Anghie" [2006] SydLawRw 11; (2006) 28(1) Sydney Law Review 205
  • Rundle, Kristen --- "Law After Auschwitz: Towards A Jurisprudence of the Holocaust by David Fraser" [2006] SydLawRw 10; (2006) 28(1) Sydney Law Review 197
  • Peterso, Kathryn --- "Where is the Line to be Drawn? Medical Negligence and Insanity in Hunter Area Health Service v Presland" [2006] SydLawRw 9; (2006) 28(1) Sydney Law Review 181
  • Aitken, Lee --- "Litigation Lending' after Fostif: An Advance in Consumer Protection, or a Licence to 'Bottomfeeders'" [2006] SydLawRw 8; (2006) 28(1) Sydney Law Review 171
  • O'Shea, Paul; Rickett, Charles --- "In Defence of Consumer Law: The Resolution of Consumer Disputes" [2006] SydLawRw 7; (2006) 28(1) Sydney Law Review 139
  • Pearson, Gail --- "Risk and the Consumer in Australian Financial Services Reform" [2006] SydLawRw 6; (2006) 28(1) Sydney Law Review 99
  • Hondius, Ewoud --- "The Notion of Consumer: European Union versus Member States" [2006] SydLawRw 5; (2006) 28(1) Sydney Law Review 89
  • Howells, Geraint --- "The Rise of European Consumer Law - Wither National Consumer Law?" [2006] SydLawRw 4; (2006) 28(1) Sydney Law Review 63
  • Reich, Norbert --- "Protection of Consumers' Economic Interests by EC Contract Law - Some Follow-up Remarks" [2006] SydLawRw 3; (2006) 28(1) Sydney Law Review 37
  • Ramsay, Iain --- "Consumer Law, Regulatory Capitalism and the 'New Learning' in Regulation" [2006] SydLawRw 2; (2006) 28(1) Sydney Law Review 9
  • Lindgren J, Kevin --- "Introduction" [2006] SydLawRw 1; (2006) 28(1) Sydney Law Review 7


  • Rolph, David --- "The Third Man: Reform of the Australasian Defamation Defences by Michael Gillooly" [2005] SydLawRw 41; (2005) 27(4) Sydney Law Review 761
  • Weatherall, Kim --- "Law and Internet Cultures by Kathy Bowrey" [2005] SydLawRw 40; (2005) 27(4) Sydney Law Review 753
  • Hill, Jennifer --- "Convergence and Persistence in Corporate Governance by Geoffrey N Gordon & Mark J Roe" [2005] SydLawRw 39; (2005) 27(4) Sydney Law Review 743
  • Hadaway, Andrea --- "Safe Third World Countries in Australian Refugee Law: NAGV v Minister for Immigration and Multicultural Affairs" [2005] SydLawRw 38; (2005) 27(4) Sydney Law Review 727
  • Friedman, Leah --- "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion), International Court of Justice, 9 July 2004" [2005] SydLawRw 37; (2005) 27(4) Sydney Law Review 715
  • Stapledon, Geof --- "Termination Benefits for Executives of Australian Companies" [2005] SydLawRw 36; (2005) 27(4) Sydney Law Review 682
  • Armson, Emma --- "An Empirical Study of the First Five Years of the Takeovers Panel" [2005] SydLawRw 35; (2005) 27(4) Sydney Law Review 665
  • Dixon, Rosalind --- "Overriding Guarantee of Just Terms of Supplementary Source of Power? Rethinking s51 of the Constitution" [2005] SydLawRw 34; (2005) 27(4) Sydney Law Review 638
  • Biber, Katherine --- "Cannibals and Colonialism" [2005] SydLawRw 33; (2005) 27(4) Sydney Law Review 623
  • Willmott, Lindy; White, Ben; Cooper Donna --- "Interveners or Interferers: Intervention in Decisions to Withhold and Withdraw Life-Sustaining Medical Treatment" [2005] SydLawRw 32; (2005) 27(4) Sydney Law Review 597
  • Roy, Alpana --- "Erotic Justice: Law and the New Politics of Post colonialism by Ratna Kapur" [2005] SydLawRw 31; (2005) 27(3) Sydney Law Review 589
  • Saul, Ben --- "The Torture Papers: The Road to Abu Ghraib by Karen Greenberg & Joshua Dratel (eds)" [2005] SydLawRw 30; (2005) 27(3) Sydney Law Review 585
  • Golder, Benedict --- "Guantanamo: What The World Should Know by Michael Ratner & Ellan Ray and Guantanamo: America's War on Human Rights by David Rose" [2005] SydLawRw 29; (2005) 27(3) Sydney Law Review 579
  • Gangemi, Melissa --- "Griffith University v Tang: Review of University Decisions Made 'Under an Enactment'" [2005] SydLawRw 28; (2005) 27(3) Sydney Law Review 567
  • Hor, Rima --- "Psychiatric Injury in the Workplace: The Implications of Koehler v Cerebos" [2005] SydLawRw 27; (2005) 27(3) Sydney Law Review 557
  • Waddams, Stephen --- "The Price of Excessive Damage Awards" [2005] SydLawRw 26; (2005) 27(3) Sydney Law Review 543
  • Todd, Stephen --- "Wrongful Conception, Wrongful Birth and Wrongful Life" [2005] SydLawRw 25; (2005) 27(3) Sydney Law Review 525
  • Sugarman, Stephen --- "Tort Reform through Damages Law Reform: An American Perspective" [2005] SydLawRw 24; (2005) 27(3) Sydney Law Review 507
  • Vines, Prue --- "Apologising to Avoid Liability: Cynical Civility or Practical Morality?" [2005] SydLawRw 23; (2005) 27(3) Sydney Law Review 483
  • Mcdonald, Barbara --- "Legislative Intervention in the Law of Negligence: The Common Law, Statutory Interpretation and Tort Reform in Australia" [2005] SydLawRw 22; (2005) 27(3) Sydney Law Review 443
  • Partlett, David --- "Of Law Reform Lions and the Limits of Tort Reform" [2005] SydLawRw 21; (2005) 27(3) Sydney Law Review 417
  • Luntz, Harold --- "A Personal Journey through the Law of Torts" [2005] SydLawRw 20; (2005) 27(3) Sydney Law Review 393
  • Mchugh, Michael --- "Introduction" [2005] SydLawRw 19; (2005) 27(3) Sydney Law Review 385
  • Keyes, Mary; Johnstone, Richard --- "Legal Academics: Culture and Identities by Fiona Cownie" [2005] SydLawRw 18; (2005) 27(2) Sydney Law Review 371
  • Zanghellini, Aleardo --- "Sexuality Repositioned: Diversity and the Law by Belinda Brooks Gordon et Aleardo Zanghellini" [2005] SydLawRw 17; (2005) 27(2) Sydney Law Review 371
  • Curtin, Juliet --- "Never Say Never': Al-Kateb v Godwin" [2005] SydLawRw 16; (2005) 27(2) Sydney Law Review 355
  • Dunn, Edwina --- "James Hardie: No Soul to be Damned and No Body to be Kicked" [2005] SydLawRw 15; (2005) 27(2) Sydney Law Review 339
  • Kirby, Michael --- "H L A Hart, Julius Stone and the Struggle for the Soul of Law" [2005] SydLawRw 14; (2005) 27(2) Sydney Law Review 323
  • Mortensen, Reid --- "Interest on Lawyers' Trust Accounts" [2005] SydLawRw 13; (2005) 27(2) Sydney Law Review 289
  • Croucher, Rosalind --- "Contracts to Leave Property by Will and Family Provision after Barns v Barns [2003] HCA 9" [2005] SydLawRw 12; (2005) 27(2) Sydney Law Review 263
  • Christie, Andrew; Dias, Eloise --- "The New Right of Communication in Australia" [2005] SydLawRw 11; (2005) 27(2) Sydney Law Review 237
  • Chapman, Anna; Kelly, Kathleen --- "Australian Anti-Vilification Law: A Discussion of the Public/Private Divide and the Work Relations Context" [2005] SydLawRw 10; (2005) 27(2) Sydney Law Review 203
  • Walker, Robert --- "Dishonesty and Unconscionable Conduct in Commercial Life - Some Reflections on Accessory Liability and Knowing Receipt" [2005] SydLawRw 9; (2005) 27(2) Sydney Law Review 187
  • Golder, Ben --- "Law and Justice in Australia: Foundations of the Legal System" [2005] SydLawRw 8; (2005) 27(1) Sydney Law Review 181
  • Mok, Karen --- "Foreign Act of State and Public Policy Exceptions: Peer International Corpn v Termidor Music Publishers Ltd" [2005] SydLawRw 7; (2005) 27(1) Sydney Law Review 167
  • Kneebone, Susan --- "Ruddock and Others v Taylor" [2005] SydLawRw 6; (2005) 27(1) Sydney Law Review 143
  • Stellios, James --- "The Constitutional Jury - 'A Bulwark of Liberty'?" [2005] SydLawRw 5; (2005) 27(1) Sydney Law Review 113
  • Davies, Margaret --- "The Ethos of Pluralism" [2005] SydLawRw 4; (2005) 27(1) Sydney Law Review 87
  • Hepburn, Samantha --- "Feudal Tenure and Native Title: Revising an Enduring Fiction" [2005] SydLawRw 3; (2005) 27(1) Sydney Law Review 49
  • Stone, Adrienne --- "Australia's Constitutional Rights and the Problem of Interpretive Disagreement" [2005] SydLawRw 2; (2005) 27(1) Sydney Law Review 29
  • Kennedy, David --- "Challenging Expert Rule: The Politics of Global Governance" [2005] SydLawRw 1; (2005) 27(1) Sydney Law Review 5


  • Edwards, Samantha --- "Purvis in the High Court Behaviour, Disability and the Meaning of Direct Discrimination" [2004] SydLawRw 30; (2004) 26(4) Sydney Law Review 639
  • Weatherall, Kimberlee --- "On Technology Locks and the Proper Scope of Digital Copyright Laws - Sony in the High Court" [2004] SydLawRw 29; (2004) 26(4) Sydney Law Review 613
  • James, Nickolas --- "Power-Knowledge in Australian Legal Education: Corporatism's Reign" [2004] SydLawRw 28; (2004) 26(4) Sydney Law Review 587
  • Webber, Jeremy --- "Legal Research, the Law Schools and the Profession" [2004] SydLawRw 27; (2004) 26(4) Sydney Law Review 565
  • Keyes, Mary ; Johnstone, Richard --- "Changing Legal Education: Rhetoric, Reality, and Prospects for the Future" [2004] SydLawRw 26; (2004) 26(4) Sydney Law Review 537
  • Collier, Richard --- "We're All Socio-Legal Now?' Legal Education, Scholarship and the 'Global Knowledge Economy' Reflections on the UK Experience" [2004] SydLawRw 25; (2004) 26(4) Sydney Law Review 503
  • Thornton, Margaret --- "The Idea of the University and the Contemporary Legal Academy" [2004] SydLawRw 24; (2004) 26(4) Sydney Law Review 481
  • Johns, Fleur --- "On Writing Dangerously" [2004] SydLawRw 23; (2004) 26(4) Sydney Law Review 473
  • Austin, R P --- "Academics, Practitioners and Judges" [2004] SydLawRw 22; (2004) 26(4) Sydney Law Review 463
  • Riley, Joellen --- "Wealth by Stealth: Corporate Crime, Corporate Law and the Perversion of Democracy by Harry Glasbeek" [2004] SydLawRw 21; (2004) 26(3) Sydney Law Review 456
  • Hinojosa, John Paul --- "The Human Genome, Property of All: Opportunities Under the ALRC Inquiry into Gene Patenting and Human Health" [2004] SydLawRw 20; (2004) 26(3) Sydney Law Review 447
  • Burston, Matthew --- "Robb Evans of Robb Evans and Associates v European Bank Ltd" [2004] SydLawRw 19; (2004) 26(3) Sydney Law Review 439
  • Mutton, Alison --- "Choice of Law on the High Seas: Blunden v Commonwealth" [2004] SydLawRw 18; (2004) 26(3) Sydney Law Review 427
  • Smith, Belinda; Dilsy, Joellen --- "Family-friendly Work Practices and The Law" [2004] SydLawRw 17; (2004) 26(3) Sydney Law Review 395
  • Mcnamara, Lawrence --- "History, Memory and Judgment: Holocaust Denial, The History Wars and Law's Problems with the Past" [2004] SydLawRw 16; (2004) 26(3) Sydney Law Review 353
  • Brennan, Sean; Gunn, Brenda; Williams, George --- "Sovereignty' and its Relevance to Treaty-Making Between Indigenous Peoples and Australian Governments" [2004] SydLawRw 15; (2004) 26(3) Sydney Law Review 307
  • Seeto, (Dyanah) Nicole --- "Shock Rebounds: Tort Reform and Negligently Inflicted Psychiatric injury" [2004] SydLawRw 14; (2004) 26(2) Sydney Law Review 293
  • Yezerski, Robert --- "Renvoi Rejected? The Meaningof 'the lex loci delicti' after Zhang" [2004] SydLawRw 13; (2004) 26(2) Sydney Law Review 273
  • Dean, Nicole --- "ACCC v Berbatis Holdings (2003) 197 ALR 153" [2004] SydLawRw 12; (2004) 26(2) Sydney Law Review 255
  • Frazer, Andrew --- "Redundancy and Interpretation in Industrial Agreements: The Amcor Case" [2004] SydLawRw 11; (2004) 26(2) Sydney Law Review 241
  • Smyth, Russell --- "What Explains Variations in Dissent Rates?: Time Series Evidence from the High Court" [2004] SydLawRw 10; (2004) 26(2) Sydney Law Review 221
  • Richardson, Megan --- "Trade Marks and Language" [2004] SydLawRw 9; (2004) 26(2) Sydney Law Review 193