Munton, JR & Rawling, M 2024, Regulating Gig Work, 1st, Routledge, London.
View/Download from: Publisher's site
Vogl, A 2024, Judging Refugees Narrative and Oral Testimony in Refugee Status Determination.
View description>>
"A critical, interdisciplinary account of how refugees and their oral testimony are judged by refugee-receiving states.
Vogl, A 2024, Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination, 1st, Cambridge University Press, Cambridge.
View/Download from: Publisher's site
View description>>
To access state-based refugee protection regimes, refugee applicants must speak. They must narrate the basis of their claims in person, often before a single decision-maker, repeatedly and at length. In Judging Refugees Anthea Vogl investigates the black box of the refugee oral hearing and the politics of narrative within individualised processes for refugee status determination (RSD). Drawing on a rich archive of administrative oral hearings in Australia and Canada, Vogl sets global trends of diminished and fast-tracked RSD against the critical role played by the discretionary spaces of refugee decision-making, and the gate-keeping functions of credibility assessment. Judging Refugees explores the disciplining role of 'good refugee' stories within RSD and demonstrates that refugee applicants must be able to present their evidence in model Anglo-European narrative forms to be judged as authentic, credible and ultimately, to be granted access to protection.
Agozino, B, Smith, LT, Anthony, T, Blagg, H, Cunneen, C, Rowe, S & Connell, R 2024, 'Criminological and Social Theory and Methods, Settler Colonialism and the Indigenous Context' in Roads to Decolonisation, Routledge, pp. 257-280.
View/Download from: Publisher's site
Cooper, R, Flanagan, F & Foley, M 2024, 'Flexible work policy: Building 'good flex' across the life course' in Baird, M, Hill, E & Colussi, S (eds), At a Turning Point: Work, Care and Family Policies in Australia, Sydney University Press.
Leary, D 2024, 'Mutually Agreed Terms, Arctic Genetic Resources and Private International Law.' in Tanaka, Y, Johnstone, R & Ulfbeck, V (eds), The Routledge Handbook of Polar Law, Routledge, London, pp. 596-612.
View description>>
The Routledge Handbook of Polar Law explores the legal orders in the Arctic and Antarctic in a comparative perspective, identifying similarities as well as differences.
Rock, E 2024, 'Government Liability and the Will of Parliament' in Rolph, D, Eldridge, J & Pilkington, T (eds), Australian Tort Law in the 21st Century, Federation Press.
Vrdoljak, AF 2024, 'Conclusion: Looking forward on the trade in cultural objects' in Vrdoljak, AF, Jakubowski, A & Chechi, A (eds), Cover Title the 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen Or Illegally Transferred Cultural Property A Commentary, Oxford University Press, USA, pp. 815-842.
View description>>
Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 ...
Vrdoljak, AF 2024, 'Introduction' in Vrdoljak, AF, Jakubowski, A & Chechi, A (eds), Cover Title the 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen Or Illegally Transferred Cultural Property A Commentary, Oxford University Press, USA, pp. 3-30.
View description>>
Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 ...
Vrdoljak, AF 2024, 'The 1970 UNESCO Convention: Governance and Oversight' in Vrdoljak, AF, Jakubowski, A & Chechi, A (eds), Cover Title the 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen Or Illegally Transferred Cultural Property A Commentary, Oxford University Press, USA, pp. 473-494.
View description>>
Authored by leading scholars and practitioners from around the world, this Commentary is the first to offer an article-by-article commentary on the two leading multilateral treaties on movable cultural heritage in one volume: The 1970 ...
Wilkinson, G & Wright, E 2024, 'Unblocking the human right to access the benefits of science in the Covid-19 era' in Schovsbo, J (ed), Intellectual Property Rights in Times of Crisis, Edward Elgar, pp. 59-59.
Bowrey, K, Cochrane, T, Hadley, M, McKeough, J, Pappalardo, K & Weatherall, K 2024, 'Managing Ownership of Copyright in Research Publications to Increase the Public Benefits from Research', Federal Law Review, vol. 52, no. 1, pp. 3-33.
View/Download from: Publisher's site
View description>>
Producing and disseminating knowledge is core university business and a collaborative, global activity engaging multiple stakeholders including universities, researchers, governments, Indigenous communities, commercial bodies and the public. While ownership of university inventions attracts scholarly and policy attention, effective management of copyright in research outputs is also necessary to maximise the benefits of publicly funded research, but often neglected. This article explains current dynamics in academic publishing and research ownership. It seeks to explain the complex interface of copyright law, university policies, academic customary practices, Enterprise Bargaining Agreements (EBA), research funder mandates and policies, the guidelines and policies that pertain to Indigenous research, and publishing contracts. The article concludes with proposals for copyright management to maximise opportunities for greater public benefit from Australian research.
Hobbs, H & Hohmann, J 2024, 'The cinderella stamps and philatelic practices of micronations: the materiality of claims to statehood', London Review of International Law, vol. 11, no. 3, pp. 443-479.
View/Download from: Publisher's site
View description>>
When non-state entities design, issue and use their own postage stamps, they visibly harness the symbolism and trappings of statehood that stamps carry. Drawing on the international legal regulation of postage stamps, this article makes a close examination of micronations’ stamps as objects of international law, to consider how the philatelic practices of micronations illuminate material practices of sovereignty and statehood.
Hobbs, H, Young, S & McIntyre, J 2024, 'The Internationalisation of Pseudolaw: The Growth of Sovereign Citizen Arguments in Australia and Aotearoa New Zealand', University of New South Wales Law Journal, vol. 47, no. 1.
Kumfor, F, Wei, G, Ries, N, Bennett, H, D'Mello, M, Kaizik, C, Piguet, O & Hodges, JR 2024, 'Examining the propensity and nature of criminal risk behaviours in frontotemporal dementia syndromes and Alzheimer's disease', Alzheimer's & Dementia: Diagnosis, Assessment & Disease Monitoring, vol. 16, no. 2.
View/Download from: Publisher's site
View description>>
AbstractINTRODUCTIONSome people with dementia develop changes in behaviour and cognition that may lead to interactions with police or the legal system. However, large, prospective case–control studies examining these behaviours are lacking.METHODSOne hundred and forty‐four people with dementia and 53 controls completed the Misdemeanours and Transgressions Screener.RESULTSCriminal risk behaviours were reported in: 65.6% of behavioural‐variant frontotemporal dementia, 46.2% of right‐lateralised semantic dementia, and 27.0% of Alzheimer's disease patients. In 19.1% of patients these behaviours led to contact with police or authority figures. Compared to controls, people with dementia showed higher rates of physical assault (p = 0.024), financial/professional recklessness (p = 0.009), and inappropriate behaviours (p = 0.052).DISCUSSIONCriminal risk behaviours are common across dementia subtypes and may be one of the first clinical signs of frontotemporal dementia. Further research to understand how to balance risk minimisation with an individual's liberties as well as the inappropriate criminalisation of people with dementia is needed.HighlightsThe Misdemeanours and Transgressions Screener is a new tool to assess criminal risk behaviours.Forty‐seven percent of patients with dementia show criminal risk behaviour after dementia onset.Behaviours included verbal abuse, traffic violations...
Leary, D 2024, '8. International Maritime Organization (IMO)', Yearbook of International Environmental Law, vol. 33, no. 1, pp. 259-264.
View/Download from: Publisher's site
Nelson, J & Burn, J 2024, 'Forced Marriage in Australia: Building a Social Response with Frontline Workers', Social & Legal Studies.
View/Download from: Publisher's site
View description>>
The practice of forced marriage has been the subject of focussed attention over the past 15 years in Australia. The policy approach has largely centred on criminal law responses. In this paper we turn to the social safety net, supports available for those experiencing pressure to marry or in a forced marriage, and their families. We report on eight focus groups with 56 participants working in key frontline roles, drawing on their perspectives to advance our understanding of key features of the social response. We identify four key features: the first is relational; frontline workers observe that an effective social response is contingent on trusting, client-led relationships. Secondly, appropriate framing and considered language is highlighted as critical. The third and fourth features are structural considerations within a social response: Australia's migration and asylum-seeking system and the resourcing of relevant social services.
Ries, N & Johnston, B 2024, 'Dementia training for lawyers: results from a pilot evaluation study and implications for building dementia capability in the legal profession', Psychiatry, Psychology and Law, pp. 1-22.
View/Download from: Publisher's site
View description>>
A growing number of Australians live with, or are at risk for, dementia. A diagnosis is a common prompt for people to seek legal advice to plan for their future. It is important that lawyers are equipped with up-to-date knowledge and resources to work effectively with clients in these circumstances. This article reports on a research project that involved the delivery of dementia-focused online training for lawyers and the piloting of an evaluation strategy. Legal practitioners (n=28) in two Australian states were recruited for this pilot study. Wills/estates and elder law were common areas of practice. Data were collected through in-course activities (eg, polls, discussion posts) and surveys administered at course completion and at four-month follow-up. The findings were positive both in terms of the suitability of the training and the feasibility of the evaluation model. This study also contributes insights into the role of the legal profession and lawyering practices in advancing the objectives of Australia’s National Dementia Action Plan.
Sheldon, S 2024, 'Beyond the Tram Lines: Disability Discrimination, Reproductive Rights and Anachronistic Abortion Law', Oxford Journal of Legal Studies, vol. 44, no. 1, pp. 104-132.
View/Download from: Publisher's site
View description>>
Abstract This article takes as its starting point the recent case of Crowter, which challenged the law permitting provision of abortion on the grounds of fetal anomaly. It begins by briefly locating the case within a longer ‘biography’ of the Abortion Act 1967, casting important light on the issue raised within it. It then focuses in detail on the claims made in Crowter, exploring how important moral, social and political concerns with disability discrimination were refracted through an anti-abortion lens as they were translated into legal argument. As a result, the legal remedies sought were simultaneously disproportionate and insufficient to address the harms described. Whilst agreeing that the Abortion Act reflects anachronistic and discriminatory understandings of disability and is overdue reform, the article argues that a response that fully reflects modern ethical values will require more radical change than envisaged in Crowter, and that this must refuse an opposition between the rights of pregnant and disabled people.
Somes, T & O'Brien, E 2024, 'Does the law support Ageing in place? The role of security of tenure', Brief, pp. 12-15.
VIJEYARASA, R 2024, 'Frontiers of Gender Equality: Transnational Legal Perspectives edited by Rebecca J. COOK. Philadelphia, Pennsylvania, USA: University of Pennsylvania Press, 2023. 616 pp. Hardcover: USD$99.95; Softcover: USD$54.95; eBook: USD$54.95. doi: 10.9783/9781512823578', Asian Journal of International Law, vol. 14, no. 1, pp. 215-216.
View/Download from: Publisher's site
Wright, E 2024, 'Professionals Beware: The Opportunities and Risks of Generative AI in Legal Practice', Intellectual Property Forum, no. 135, pp. 33-41.
Wright, E & Robinson, D 2024, 'The Patents Māori Advisory Committee of Aotearoa New Zealand: Lessons for indigenous knowledge protection', The Journal of World Intellectual Property.
View/Download from: Publisher's site
View description>>
AbstractUsing freedom of information requests, we examine the operation of the Patents Māori Advisory Committee of Aotearoa New Zealand. The Committee advises the Intellectual Property Office of New Zealand on whether inventions claimed in a patent application are derived from Māori traditional knowledge or from indigenous plants or animals; and if so, whether the commercial exploitation of that invention is likely to be contrary to Māori values. There is limited publicly available information on the operations of the Committee and the decision‐making process undertaken in reviewing applications. The requests and our searches identified 13 patents referred to the Committee, of which most (9 of 13) dealt with inventions related to Mānuka (Leptospermum scoparium), a taonga species known for its role in producing unique honey. Only two applications have been found to be contrary to Māori values, and these applications have both since been abandoned. The review of applications found to be ‘not contrary to Māori values’ is instructive, identifying important considerations taken into account by the Committee in reaching a decision, including the importance of benefit sharing and engagement with Māori in considering whether an invention may be contrary to Māori values. The analysis highlights the limitations of the Committee in reviewing only those applications filed in Aotearoa New Zealand and referred to the Committee for advice and identifies the importance of mechanisms such as disclosure of origin to ensure all relevant applications are reviewed by the Committee. The paper concludes by highlighting how the operation of the Committee may inform the development of similar bodies in other jurisdictions, such as Australia.
Ries, N & Donner, K University of Technology Sydney 2024, Dementia Capability for the Legal Profession, Sydney.
View/Download from: Publisher's site
Rock, E & Boughey, J Commonwealth Government 2024, Submission to House of Representatives Standing Committee on Social Policy and Legal Affairs ‘Inquiry into the Administrative Review Tribunal Bill 2023 and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023’, House of Representatives Standing Committee on Social Policy and Legal Affairs ‘Inquiry into the Administrative Review Tribunal Bill 2023 and the Administrative Review Tribunal (Consequential and Transitional Provisions No.1) Bill 2023’, Australia.
Schofield-Georgeson, E Parliament of Australia 2024, Submission to the Senate Senate Economics References Committee Inquiry into Australian Securities and Investments Commission investigation and enforcement, Parliament of Australia.
Tsihlis, E, Woods, M, Ries, N, Somes, T, Parker, D, Debono, D, Carnemolla, P & Schofield-Georgeson, E University of Technology Sydney 2024, A New Aged Care Act: A Submission on the Aged Care Bill 2023 Exposure Draft and Consultation Paper No. 2, Sydney, Australia.
Vogl, A & Dehm, S Senate Legal and Constitutional Affairs Committee 2024, Submission to the Inquiry into the Migration Amendment (Removals and Other Measures) Bill 2024, Canberra.
Wilding, D, Attard, M, Davis, M, Koskie, T & Molitorisz, S Centre for Media Transition, University of Technology Sydney 2024, News Media Assistance Program - Consultation Paper, December 2023: Submission to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, News Media Assistance Program (News MAP) Consultation, pp. 1-24, Sydney.
Wilding, D, Lee, K, Lindsay, K & Kathirgamalingham, V Centre for Media Transition, University of Technology Sydney 2024, The Enforcement of Telecommunications Consumer Protections, pp. 1-94, Sydney.
View/Download from: Publisher's site
View description>>
The report provides a preliminary account of enforcement action taken by the Australian Communications and Media Authority (the ACMA) between 1 January 2010 and 30 June 2023 in relation to four sources of consumer protection rules arising out of the Telecommunications Act 1997 (Cth) (Tel Act): industry codes registered under Part 6 of that Act, industry standards determined under ss 123, 124, 125 and 125AA, select service provider rules, and select carrier licence conditions.
Dehm, S 2024, 'Australian universities and the “plausible” genocide in Gaza: What are the legal and ethical risks and responsibilities?', ABC Religion & Ethics.
View description>>
The interim order of the ICJ has put Australian universities on notice that they have legal obligations not to be complicit an unfolding genocide, in the collective punishment of civilians, or in Israel’s denial of the Palestinian people’s long-recognised right to self-determination.
Dehm, S & Vogl, A 2024, 'The High Court is hearing another high-stakes immigration case: Can people be forced to assist in their own deportation?', The Conversation.
Vogl, A 2024, 'Launch of Web Series: Key Concepts and Ideas in Border Criminology', Border Criminologies.
View description>>
As part of Border Criminologies’ focus on creating open access resources, as well as resources for those teaching in our field, we have recently posted a new web series: Key Concepts and Ideas in Border Criminologies. The series involves interviews with three key scholars in the area of Border Criminologies, addressing a core idea or concept that has been central to the field and to their research. Each interview is designed to introduce and define the concept, explore its development and significance over time and explain how it has been applied in the interviewee’s scholarship to date. A short list of references mentioned in the interview is attached to each recording.
Woods, M & Tsihlis, E 2024, 'Changes are coming for Australia’s aged care system. Here’s what we know so far', The Conversation.
