Degrees Held
BA LLB NSW, LLM Manitoba, PhD Wollongong

Publications on RIS

Research Areas
Dr McNamara's primary research interests are in the fields of human rights, criminal law and justice administration, and cultural diversity and the law. He has conducted research, in Australia and Canada, on the rights of Indigenous peoples, the regulation of racial hatred and racial vilification, and the involvement of Indigenous people in criminal justice decision-making processes. He is currently working on a comparative study of human rights controversies in Australia, New Zealand, Canada and the United Kingdom. In 2005 he received a Canadian Studies Faculty Research Award to carry out a study of legal responses to demands for the recognition of same-sex relationships.

Professional Activities
Dr McNamara is a Legal Adviser to the NSW Parliament's Legislation Review Committee and a member of the NSW Attorney General's Working Party on Serious Vilification. He is a member of the Editorial Board for the journals, Current Issues in Criminal Justice, and Law Text Culture.

Selected Recent Publications

• "Negotiating the Contours of Unlawful Hate Speech: Regulation Under Provincial Human Rights Laws in Canada" (2005) 38(1) University of British Columbia Law Review 1-82
• "'Equality Before the Law' in Polyethnic Societies: The Construction of Normative Criminal Law Standards" (2004) 11(2) E-Law: Murdoch University Electronic Journal
• Indigenous Legal Issues (Sydney: Law Book Company, 3rd ed, 2003) (with Heather McRae, Garth Nettheim & Laura Beacroft)
• Regulating Racism: Racial Vilification Laws in Australia. Sydney Institute of Criminology Monograph Series No 16 (2002)
• Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales (Federation Press, 3rd edition, 2001) (with David Brown, David Farrier and Sandra Egger)
• "Indigenous Community Participation in the Sentencing of Criminal Offenders: Circle Sentencing" (2000) 5(4) Indigenous Law Bulletin 5-10
• "Appellate Court Scrutiny of Circle Sentencing" (2000) 27(2) Manitoba Law Journal 209-240
• "The Locus of Decision-making Authority in Circle Sentencing: The Significance of Criteria and Guidelines" (2000) XVIII Windsor Yearbook of Access to Justice 60-114
• "The Common Law Construct of Native Title: A 'Re-Feudalisation' of Australian Land Law" (1999) 8(1) Griffith Law Review 50-85 (with Scott Grattan)
• "The Recognition Of Indigenous Land Rights As 'Native Title': Continuity And Transformation" (1999) 3(2) Flinders Journal of Law Reform 137-162 (with Scott Grattan)
  

Teaching Commitments
LLB/LAW 304 Criminal Law and The Process of Justice
LLB/LAW 344 Indigenous Peoples and the Legal System
LLB 354 Human Rights Law
LLB 313 Legal Research Project

Contact Details
Phone (02)4221 4415
Fax (02)4221 3188
Email: Luke Mcnamara