Dr Michael Stuckey
Professor, Faculty of The Professions, School of Law
Qualifications
B.A.(Hons), LL.B, LL.M.(Hons) PhD. (Sydney) Grad.Dip.P.L.T. (U. Technol. Syd.) Barrister and Solicitor
Contact
| Email: | hoslaw@une.edu.au |
| Room: | W37, Room 22 |
| Phone: | 02 6773 2091 (or +61 2 6773 2091 overseas) |
| Fax: | 02 6773 2580 |
Research Areas: Legal History, Property law, Native Title
Current research activity:
(Work (Articles/Chapters) currently in Progress
Stuckey, M., “Late Sixteenth- and Early Seventeenth-Century English Humanism and Antiquarianism: the Prosopographical Method and Reflections on Historico-Legal Tradition” – article, c. 12,000 words, accepted for publication (April 2012), Journal of Legal History.
“The study of English national history by Sir Francis Palgrave: the original use of the national records in an imaginative historical narrative”
Publications
Monographs
Stuckey, M. and Kelly, G., Butterworth’s Question and Answer Series – Property, Sydney, Butterworths, 2000.
Stuckey, M., The High Court of Star Chamber, Holmes Beach, Gaunt Inc. (United States), 1998.
Stuckey, M., The Merewether Title, Sydney, Legal Books, 1995.
Refereed Journal Articles
Stuckey, M., “Late Sixteenth and Early Seventeenth Century English Humanism and Antiquarianism: the Prosopographical Method and Reflections on Historico-Legal Tradition” Journal of Legal History 33 (2012) 31-64.
Stuckey, M., “‘...this Society tendeth...’: Elite Prosopography in Elizabethan Legal History”, Prosopon 1 (2006) 1-58.
Stuckey, M., “Not by Discovery but by Conquest: The Use of History and the Meaning of ‘Justice’ in Australian Native Title Cases”, Common Law World Review, 34,1 (2005) 19-38.
Stuckey, M., “Property Law and Politics in the Discourses of the Elizabethan Antiquaries”, The Journal of Legal History, 24,3 (2003) 237-249.
Stuckey, M., “A ‘Discourse’ on the Antiquity of the Lord Chancellor’s Office by Francis Tate”, Fundamina, 7 (2001) 38-50.
Stuckey, M., “The English Legal Renaissance”, The Newcastle Law Review, 4 (2000) 74-100.
Stuckey, M., “The Rise and Fall of ‘Judicial Intermeddling’ in the Jury's Assessment Of Damages In Sixteenth- And Seventeenth-Century Defamation Cases", Tilburg Foreign Law Review, 5, 2 (1996) 138 – 144.
Stuckey, M., "Judicial `Intermeddling' In The Jury's Assessment Of Damages In Sixteenth- And Seventeenth-Century Defamation Cases", Australian Law Journal, 70 (1996) 571-574.
Stuckey, M., "The Evolution of the ‘Star Chamber’", Australian Law Journal, 68 (1994) 670 –674.
Stuckey, M., "Feudalism and Australian Land Laws: 'A Shadowy Ghostlike Survival'?" University of Tasmania Law Review, 13 (1994) 102-115.
Stuckey, M., "A Consideration of the Emergence and Exercise of Judicial Authority in the Star Chamber", Monash University Law Review 19 (1993) 117-164.
Chapters in Books
Stuckey, M., “Antiquarianism and Legal History”, in Musson A. and Stebbings, C., ed.s, Making Legal History: Approaches and Methodologies, Cambridge, Cambridge University Press, 2012, 215-243.
Stuckey, M., “The idea of the continuation/extinguishment of 'Welsh' customary land law in the face of Norman/English conquest and legal regime-change”, in O’Neill, P., ed., The Celts in Legend and Reality, Sydney, Sydney Series in Celtic Studies – University of Sydney, 2010, 223-233.
Stuckey, M., “‘enjoyned by the Laws of this Assembly’: The Elizabethan Society of Antiquaries and the Prosopographical Approach”, Keats-Rohan, K.S.B. (ed), Prosopography Approaches and Applications: A Handbook, Prosopograhica Et Genealogica, 13 (2007), 499-525.
Book Reviews/Case Notes
Book Review: Stuckey, M., “A Star Chamber Court in Ireland: The Court of Castle Chamber, 1571-1641 (Crawford)”, Northern Ireland Legal Quarterly, 56,4 (2005) 613-615.
Book Review: Stuckey, M., “Principles Of Equity And Trusts (Hepburn)”, The Newcastle Law Review, 2 (1997) 140.
Book Review: Stuckey, M., “The Wik Case: Issues and Implications”, The Newcastle Law Review, 2 (1996) 135.
Case note: Stuckey, M., "Prisoners A-XX Inclusive v State of New South Wales", Criminal Law Journal, 20 (1996) 167-170.
Book Review: Stuckey, M., "Fisher and Lightwood's Law of Mortgage: Australian Edition", The Newcastle Law Review, 1 (1995) 139.
Major Conference Papers
“Contemporary Welsh Governance” - Paper presented at the 7th Australian Celtic Studies Conference (held at the University of Sydney, 29 September - 2 October 2010)
“Antiquarianism and Legal History” – Paper presented at the 19th British Legal History Conference (University of Exeter, 8-11 July 2009).
“European/Human Rights aspects of Property Law and adverse possession” – Paper presented at the Queensland Law Society European Perspectives on Law Conference (Paris, 17-19 October 2007).
“The idea of the continuation/extinguishment of 'Welsh' customary land law in the face of Norman/English conquest and legal regime-change” – Paper presented at the 6th Australian Celtic Studies Conference (held at the University of Sydney, 18-21 July 2007).
with Gerwyn Griffiths: “Regulatory Reform (Business Tenancies) Order 2003: Renewable business leases” – Paper presented at The Chartered Institute of Arbitrators Wales Branch ADR Forum: Landlord and Tenant Disputes (held at the University of Glamorgan, 29 April 2005).
“The Use of History by Australian Courts in Native Title Cases” - Paper presented at the `Property Rights in the Colonial Imagination’ (held at the University of Victoria, BC Canada, 22-24 February 2001).
“Property Theory in the Discourses of the Elizabethan Antiquaries” - Paper presented at the `Women and Property in Early Modern England: An Interdisciplinary Colloquium’ (sponsored by the Humanities Research Centre, Australian National University, Canberra June 30 - July 1 2000).
A.L.T. (U.K.) 1995 Annual Conference - Paper delivered: "The use of documents in teaching Property Law".
University of Newcastle Seminar - Historicising Law and Literature - Paper delivered: "Star Chamber Idiom" (1995).
Public lectures, interviews, other published material
“Today an old nation came of age: the 2011 referendum on primary law making authority for the Welsh Assembly”, 2 October 2012, University of Sydney Celtic Studies Foundation.
“Australian Federalism and Constitutional Change”, 11 September 2012, Shanghai University Law School .
“Contemporary Constitutional Change in the United Kingdom”, Pilsen, Czech Republic, 11-14 April 2011, University of Western Bohemia.
“When the Conqueror conquers: customary land law and legal regime-change”, invited staff seminar presentation, 28 February 2011, Birmingham City University.
Professorial Inaugural Lecture: “Not by Discovery but by Conquest: The Use of History and the Meaning of ‘Justice’ in Australian Native Title Cases”, University of Glamorgan, 11th October 2005.
“The Use of History in Post-colonial Common Law Jurisdictions”, Szabist University (Karachi, Pakistan) 8 March 2005 and Punjab College of Law (Rawalpindi, Pakistan) 13 March 2005.
Report on the Human Rights Implications of the Planning Procedures and Installation of Phone Masts – Northern Ireland Human Rights Commission, 31 March 2002.
Special Lecture Series - Legal Institutions (University of Sydney) "The effect of the seventeenth century conflicts on the development of our modern concepts of parliamentary sovereignty and the separation of powers" (April 1997, 1998 and 1999).
Television interview (“Today Show” - NBN3 Newcastle) Native Title (April 1997).
Guest speaker: Newcastle and Hunter Region, Department of School Education, Aboriginal Studies Conferences (July and December 1994).
Public lecture delivered at Newcastle Trades Hall on Mabo and the Native Title Act (1994).
Panel member: "Ethics Hypothetical" sponsored by Australian Association of Social Workers and the University of Newcastle (1994)
Public lecture delivered at the University of Newcastle on Mabo and the role of the High Court (1993)
Public lecture delivered at the Newcastle City Council Chambers on Prostitution (1993)
Recent Conference Participation
American Society for Legal History Annual Conference, 8-11 November 2012, St. Louis.
Medieval Celtic Law Texts: a framework for scholarly, legal and social development, 25-26 October 2012, University of Sydney
SimShare Project Workshop 18 January 2011, University of Glamorgan
American Society for Legal History Annual Conference, 18-21 November 2010, Philadelphia
Academic Portfolio Review Conference, 6 September 2010, University of Glamorgan
Law Commission for Wales Conference, 4 June 2010, Cardiff University
“Open Educational Resources” Conference, UK Centre for Legal Education, 15 March 2010, University of Glamorgan
American Society for Legal History Annual Conference, 11-14 November 2009, Dallas
Academic Leaders’ Conference, 24 March 2009 and 11 November 2009, University of Glamorgan
Modern Studies in Property Law Conference, 1-3 April 2008, Queen's College, Cambridge
Diversity and Difference: Society of Legal Scholars Annual Conference, 10-13 September 2007, Durham University
8th Real Property Teachers' Conference, 12-14 June 2007, University of Tasmania
Legal Wales Annual Conference, 7-8 October 2005, Cardiff
Fusion: The Interaction of Common Law and Equity in Commercial Law, 16-18 December 2004, University of New South Wales, Domain Theatre, Art Gallery of NSW, Sydney
Legal Wales Annual Conference, 13-14 November 2004, Cardiff
Annual Conference of the Irish Association of Law Teachers, 2-4 April 2004, City Hotel, Londonderry
5th Biennial Conference of the Centre for Property Law, 23-25 March 2004, University of Reading
“Welsh Legal Education” Conference, UK Centre for Legal Education, 14 January 2004, Law Society Offices, Cardiff
Research interests
Legal History, Property law, Native Title