Staff profile - Ken Arenson

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AsPr Ken Arenson

Position: Associate Professor
Faculty or Division: Faculty of Business and Law
Department: BL Deakin Law School
Campus: Geelong Waterfront Campus
Phone: +61 3 522 72256 +61 3 522 72256
Email: ken.arenson@deakin.edu.au

Biography

Biography

Ken Arenson is a 1974 graduate of the University of Kentucky where he earned the degree of Bachelor of Arts. He then attended law school at the University of Toledo where he graduated with honors in earning the degree of Juris Doctor. Prior to commencing his career in law teaching, he practiced in the United States (Pennsylvania) as a criminal defense attorney and handled numerous jury trials. After accepting an invitation to conduct a series of guest lectures on the topic of driving while intoxicated, he decided that he would be most comfortable and happy in the world of academia. That prompted Ken to accept a law teaching position at Southern University in Baton Rouge, Louisiana where he taught from 1985-87. Although Ken loved his time at Southern University, he decided to specialize in immigration law where the skills he developed as a defense attorney could be utilized to great advantage. After working for two years as a trial attorney with the Immigration and Naturalization Service Division of the United States Department of Justice, he found himself yearning to return to the classroom. In pursuit of that goal, he then attended the University of Edinburgh where he earned the degree of Master of Laws (LL.M) in 1991. In 1993 he applied for, and was ultimately appointed, to the position of Lecturer at Deakin University. He has worked for Deakin for nearly twenty-three years. He was promoted to the level of an Associate Professor in 2004.

During his years at Deakin, Ken has taught torts, criminal law, evidence and criminal procedure with particular emphasis on the latter three subjects. In his twenty-five plus years as a law teacher in the United States and Australia, he has authored some twenty-four refereed law journal articles and co-authored three books. His books relate to the areas of criminal law, criminal procedure and evidence and the same is true of the vast majority of my refereed law journal articles.


Qualifications

  • Bachelor of Arts in Social Work, University of Kentucky, 1974
  • Doctor of Jurisprudence, University of Toledo, 1978
  • Master of Laws, University of Edinburgh, 1991


Career highlights

Reliance by the Supreme Courts of the States of Washington (USA) and Victoria (Aust) on the aforementioned articles published in the Drake Law Review and Criminal Law Journal respectively

Reliance by the Victorian Law Reform Commission on the aforementioned article published in the Flinders Journal of Law Reform


Professional activities

Pro Bono Work

Series of guest lectures on the topic of the prosecution and defense of drinking drivers: bond hearings, parole and probation revocation hearings,  pre-trial conferences, jury and non-jury trials, sentencing hearings, and all  necessary pre-trial and post-trial  motions.

Seminars presented on a range of topics in evidence, criminal law and constitutional law at St. Thomas University (USA) and the University of Toledo (USA);

Legal Advisor to Law Reform Commission of Victoria;

Legal advisor to Geelong Community Legal Services, Victorian Legal Aid and the Voluntary Euthanasia Society of Victoria.

Awards

Awards and prizes

Awards and Achievements

Reliance by the Supreme Courts of the States of Washington (USA) and Victoria (Aust) on the aforementioned articles published in the Drake Law Review and Criminal Law Journal respectively;

Reliance by the Victorian Law Reform Commission on the aforementioned article published in the Flinders Journal of Law Reform;

Award in recognition of distinguished service to the Student Bar Association while teaching at the Southern University Law Center;

Award in recognition of distinguished service for work as a legal intern in the Criminal Defender Clinic;

Election into Honor Society of Phi Kappa Phi in recognition of graduating in the top 10% of law school graduating class; and

Five times Dean’s List as an undergraduate at the University of Kentucky.


Publications

Publications

Books
Australian Criminal Law in the Common Law Jurisdictions: Cases and Materials, Arenson, Kenneth  J, Bagaric, Mirko and Gillies, Peter (2011, 3rd edn) (Oxford University Press) (706 pgs)

Criminal Procesess and Investigative Procedures: Victoria and Commonwealth, Arenson, Kenneth J and Bagaric, Mirko (2012) (LexisNexis) (314 pgs)

Criminal Law and Procedure in Victoria, Arenson, Kenneth  J and Bagaric, Mirko (2009) (LexisNexis) (242 pgs)

Criminal Laws in Australia, Cases and Materials, Arenson, Kenneth  J and Bagaric, Mirko (2007, 2nd edn) (Oxford University Press) (708 pgs)

Rules of Evidence in Australia: Text and Cases, Arenson, Kenneth J and Bagaric, Mirko (2007, 2nd edn) (LexisNexis Butterworths) (659 pgs)

Understanding Evidence, Arenson, Kenneth J and Bagaric, Mirko (2002) (LexisNexis Butterworths) (610 pgs)

A Guide to Evidence, Companion to the LBC Casebook  by Waight & Williams, Arenson, Kenneth  J and Bagaric, Mirko (2001) (LBC) (610 pgs)

Refereed articles
“The Intoxication Defence: Toward a Better Understanding of Current Doctrine and Reform (2015) 78 Journal of Criminal Law (UK) (in press)
       
“The Chaotic State of the Law of Rape in Victoria: A Mandate for Reform (2014) 78 Journal of Criminal Law (UK) 326 (15 pgs)                                     

“The Paradox of Disallowing Duress as a Defence to Murder” (2014) 78 Journal of Criminal Law (UK) 65 (15 pgs)

“The Queen v Getachew: rethinking DPPv Morgan” (2013) 77 Journal of Criminal Law (UK) 151 (12 pgs )

“Thabo Meli: The Pernicious Effects of Result Driven Decisions” (2013) 77 Journal of Criminal Law (UK) 41 (15 pgs)

“Rape in Victoria as a Crime of Absolute Liability: A Departure From Both Precedent and Progressivism” (2012) 76 Journal of Criminal Law (UK) 399 (21 pgs)

“Ignorance of the Law as a Defence to Rape: The Destruction of a Maxim” (2012) 76 Journal of Criminal Law (UK) 336 (11 pgs)             

“An Entrenched Bill of Rights: A Protection for the Rights of Minorities” (2012) 18 James Cook University Law Review 28 (27 pgs)
         
“Rejection of the Poisonous Tree Doctrine in Australia: A Retreat from Progressivism” (2011) 13 University of Notre Dame (Australia) Law Review 17 (40 pgs)

“The Propensity Evidence Conundrum: A Search For Doctrinal Consistency” (2006) 8 University of Notre Dame (Australia) Law Review 31 (33 pgs)

“The Pitfalls in the Law of Attempt: A New Perspective” (2005) 69 Journal of Criminal Law (UK) 146 (21 pgs)

“Expanding the Defences to Murder: A More Fair and Logical Approach” (2001) 5 Flinders Journal of Law Reform 129 (32 pgs)

“Propensity Evidence in Victoria: A Triumph For Justice or an Affront to Civil Liberties?” (1999) 23 Melbourne University Law Review 263 (24 pgs)

“The Efficacy of the Law of Unjust Enrichment in Providing A Satisfactory Remedy Where Contracts Are Ineffective Due to Common Mistake or Error” (1997) 3 Deakin Law Review 183 (18 pgs)

“Causation in the Criminal Law: A Search for Doctrinal Consistency” (1996) 20 Criminal Law Journal 189 (27 pgs)

“Unravelling The Hearsay Riddle: A Novel Approach”  (1994) 16 Sydney Law Review 342 (17 pgs)     





 


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