Booth, T 2011, 'Researching Sensitive Topics, Emotion Work and the Qualitative Researcher: Interviewing bereaved Victims of Crime' in Bartels, L & Richards, K (eds), Qualiative Criminology: Stories from the Field, Hawkins Press, Sydney, pp. 83-94.
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This chapter contributes to an emerging literature on the researcher's emotion work in qualitiatve criminological research through an analysis and evaluation of the writer's fieldwork experiences interviewing bereaved victims of crime. The findings reveal that emotions and emotion work were integral to the study: the 'sensitive' nature of the research area, the collection and analysis of the data and the epistemological significance of researcher's experiences.
Stuhmcke, AG 2011, 'The evolution of the classical ombudsman: a view from the antipodes' in Kierkegaard Sylvia (ed), Law Across Nations: Governance, Policy & Statutes, International Association of IT Lawyers, pp. 589-601.
Booth, T 2011, 'Crime Victims and Sentencing', Alternative Law Journal, vol. 36, no. 4, pp. 236-239.
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Integrating victims and their victim impact statements in sentencing proceedings is a contemporary challenge for the court. This article argues that the requirement of fairness means that the sentencing court should consider and respond to the interests and concerns of both the defendant and the victim.
Millbank, J 2011, 'THE NEW SURROGACY PARENTAGE LAWS IN AUSTRALIA: CAUTIOUS REGULATION OR '25 BRICK WALLS'?', MELBOURNE UNIVERSITY LAW REVIEW, vol. 35, no. 1, pp. 165-207.
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This article critically analyses recent law reforms that have taken place in all Australian jurisdictions except the Northern Territory which allow for the transfer of legal parentage in surrogacy arrangements from the birth mother (and her partner, if any) to the âintended parentsâ. Although styled as liberalising reforms, the increasingly complex web of eligibility rules are likely to be an ill fit with the existing and future family formation behaviours of those involved in surrogacy, and may ultimately exclude more families than they assist. While surrogacy policy throughout Australia aims to prevent the exploitation of women who act as birth mothers, prevent the commercialisation of reproduction and to protect the interests of current and future children born through these means, this article argues that the reforms are unlikely to meet these aims. The interest of children in having a legal relationship with the parents who are raising them will not be met for many, as half of the regimes exclude children conceived outside the jurisdiction and all of them exclude arrangements where payment has been made to the birth mother. Potential harms are not being prevented, but rather are being exported elsewhere through the increasing incidence of international surrogacy. A more flexible and inclusive approach to parental transfer, such as that which currently exists in UK law, is recommended.
Millbank, J 2011, 'The Role of ‘Functional Family’ in Same-Sex Family Recognition Trends', Child and Family Law Quarterly, vol. 20, no. 2, pp. 155-182.
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A relatively overlooked aspect of trends according relationship rights to same-sex couples and families in Western nations in recent times is the extent to which they have drawn upon the sociological concept of functional family. The kernel of functional family claims in law is that rights should flow from the way a relationship functions rather than being limited by its legal form. This article explores the influence and development of functional family approaches in same-sex family recognition measures in recent decades in Canada, Australia, Britain and the United States.
Millbank, J & Dauvergne, C 2011, 'Forced Marriage and the Exoticization of Gendered Harms in United States Asylum Law', Columbia Journal of Gender and Law, vol. 19, no. 3.
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While claims of forced marriage or pressure to marry represent only a tiny portion of refugee claims overall, they provide an illuminating sliver reflecting the major recurring themes in gender and sexuality claims from recent decades. Refusal to marry is a flashpoint for expressing non-conformity with expected gender roles for heterosexual women, lesbians and gay men. This paper presents results from our study of 168 refugee decisions from Australia, Canada, the United Kingdom and the United States where part of the claim for refugee protection concerned actual or threatened forced marriage. In the present discussion, we highlight our findings from the cases from the United States while detailed findings regarding the broader international data set are published elsewhere. We find that the United States is far behind Australia, Canada and the United Kingdom in terms of analyzing gender-related persecution. In addition to not finding a single case with a straightforward holding that forced marriage in and of itself could constitute persecution, we also did not find any engagement with international human rights standards. Of the few cases that were successful on a substantive basis, we found that the underlying facts reflect an extreme exoticization of the women involved.
Stuhmcke, A 2011, 'The Criminal Act of Commercial Surrogacy in Australia: A Call for Review', SSRN Electronic Journal, vol. 18, no. 3, pp. 601-613.
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Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.
Varnham, S, Booth, T & Evers, M 2011, 'Let's Ask the Kids! - Practising Citizenship and Democracy in Australian Schools', International Journal of Law and Education, vol. 16, no. 2, pp. 73-91.
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LetS ask the kids-yeah right! The focus of this article is a research project being undertaken in Australia which considers participative and restorative practices in New South Wales schools. Jt looks at the research inspiring this project which points to the part democratic principles may play in the engagement of children and young people in their schools and their education, and the development of citizenship principles which they take outside their school gates. This research considers the meaningful participation of children and young people in decision making in schools: its implementation, and its effectiveness and impact on school communities. Citizenship and democracy are about relationships, participation, rights and responsibility. In Australia and New Zealand, and comparative jurisdictions, the debate concerning the teaching of citizenship in schools has traditionally been centred on the extent to which civics education should be included in the school curriculum. In recent years the debate has widened to a more holistic view of citizenship or democracy in schools, from the restrictive approach of classroom learning only, to embrace teaching by practice and example within the school structure. Schools have a unique opportunity not only to teach democratic principles and values but also to reinforce and demonstrate that teaching by their practices and procedures. The model presented by a school provides a crucial template for the value system which students live by for the rest of their lives.
Booth, T 1970, 'Cooling out victims of crime in the courtroom: constructing and reconstructing frameworks for victim participation', Economies and insecurities of crime and justice, British society of Criminology annual conference, Newcastle-on-Tyne UK.
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Victims of crime are said to enjoy a voice in the sentencing hearing through the submission of victim impact statements (VISs). The integration of crime victims in sentencing hearings through VIS provides a contemporary challenge for criminal justice and judges in particular. Difficulties can arise from both the ambiguity of the role of the victim in the hearing and the generation, expression and management of concomitant emotions. A contentious issue is the role of VIS in the sentencing hearing and especially the influence of that VIS on the ultimate penalty. In NSW, VIS are not taken into account for the purpose of developing penalty and according to Prosecution Guidelines, it is the Crowns task to ensure that victims are so advised. Nonetheless, many victims of crime present their VISs with either unreasonable or misguided expectations that their words will influence the sentencing task. Drawing on the work of Goffman and his followers, `cooling out is a process whereby the `cooler has the job of handling persons whose expectations and/or self-conceptions have proved false or been disappointed. `Cooling out provides a conceptual framework for understanding aspects of courtroom interaction between the judge and the crime victim. Using data from an ethnographic study of sentencing hearings in NSW, it will be argued that judges anticipate and manage the disappointed expectations of victims as to the relevance of VIS to the sentencing hearing by using a cooling out process. It is in the interests of the court not to have to cope with disgruntled or even angry victims and the potential for disorder in the courtroom.
Stuhmcke, AG 1970, 'The Evolution of the Classical Ombudsman: A View from the Antipodes', Law Across Nations: Governance, Policy & Statutes, IAITL, Cyprus, pp. 589-601.
Varnham, S & Booth, T 1970, 'To live and learn through democratic practices: a case study of citizenship and democracy in an Australian School', Annual Conference of the Education Law Association, Chicago, US.
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USB of papers
Varnham, S, Booth, T & Evers, M 1970, 'Let's Ask the Kids! practising citizenship and democracy in Australian Schools', The Learner Conference, University of Mauritius, Mauritius.
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Paper later published in International Journal for Law and Education
