Brennan, D 2021, Copyright Law.
Crofts, P 2021, Criminal Law elements, 7, LexisNexis, Australia.
Crofts, P & Rijswijk, HV 2021, Technology, Routledge.
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Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation.Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints.Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.
Greenman, K 2021, State Responsibility and Rebels The History and Legacy of Protecting Investment Against Revolution, Cambridge University Press, UK.
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Based on author's thesis (doctoral - Universiteit van Amsterdam, 2019) issued under title: The history and legacy of state responsibility for rebels 1839-1930: protecting trade and investment against revolution in the decolonised world.
Grey, A 2021, Language Rights in a Changing China, De Gruyter Mouton.
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Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China's largest minority group.
Grey, A & Baioud, G 2021, Language Rights in a Changing China: A National Overview and Zhuang Case Study, Abridged Mandarin Version (translated by Gegentuul Baioud and Speak Your Language), Language on the Move, Sydney.
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Professional Mandarin translation of Preface and Conclusions chapters.
Heino, B 2021, Space, Place and Capitalism The Literary Geographies of The Unknown Industrial Prisoner, Palgrave Macmillan.
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This book is an original contribution to literary geography and commentaries on the work of David Ireland.
Hobbs, H 2021, Indigenous Aspirations and Structural Reform in Australia, Hart Publishing.
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This book provides an answer to that question for Australia and provides guidance for all states that claim jurisdiction and authority over the traditional lands of Indigenous peoples.
Macmillan, F 2021, Western Dualism and the Regulation of Cultural Production, Brill.
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AbstractThis work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.
Munton, J 2021, Labour Law: An Introduction to the Law of Work, Oxford University Press, Docklands.
Opeskin, B 2021, Future-Proofing the Judiciary Preparing for Demographic Change, Palgrave Macmillan.
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This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography.
Watson, N 2021, Aboriginal Women, Law and Critical Race Theory Storytelling From The Margins, Springer Nature.
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This book explores storytelling as an innovative means of improving understanding of Indigenous people and their histories and struggles including with the law.
Anthony, T 2021, 'Foreword' in Indigenous Children’s Right to Participate in Law and Policy Development, Routledge, pp. xiii-xiv.
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This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions.
Anthony, T 2021, 'Marx and Anti-Colonialism 1' in Leading Works in Law and Social Justice, Routledge, pp. 48-65.
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Batagol, B & Vijeyarasa, R 2021, 'Lighting the spark: Reimagining the statutory landscape through the feminist legislation project' in Vijeyarasa, R (ed), International Women's Rights Law and Gender Equality: Making the Law Work for Women, Routledge, Abingdon, Oxon and New York, NY, pp. 188-200.
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Over a three-year period, a collaboration of Australian feminist academics has resulted in the ‘Feminist Legislation’ Project. Drawing from the methodologies and approaches of the feminist judgement projects from jurisdictions across the globe and on an international scale, Batagol and Vijeyarasa outline a project that has moved the conversation from the theory to the practice of reimagining and rewriting key laws from a feminist perspective. Like its sister ‘judgement’ projects, this chapter reveals the extent to which the writing of law itself is neither objective nor neutral but rather highly informed by the perspectives of those who write it. The project shows that gender-responsive legislation is an achievable outcome. This chapter offers readers our experiences in writing legally plausible and technically correct laws from a feminist perspective. The ‘Feminist Legislation’ Project’s lessons help us reimagine an Australia where laws are made specifically to benefit, rather than harm, women. These lessons may also prove relevant for comparable jurisdictions, including Canada and New Zealand.
Berg, L 2021, 'Simulated role-play' in Grimes, R, Honuskova, V & Stege, U (eds), Teaching Migration and Asylum Law, Routledge, UK, pp. 147-154.
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Outside of moot courts, simulations (or complex role-play) rarely feature within traditional doctrinal law curricula. This chapter provides an overview of a simulation that was devised for a curriculum in a Refugee Law course, which was designed to bridge what has been described as ‘the knowing–doing gap’. This chapter explores how this set of simulation-based experiential learning exercises assisted students to integrate course content on Australian and international refugee law with an understanding of the political dynamics underlying refugee policy and debates. It examines the strengths of this form of learning in the refugee context as well as some of the challenges it presents to educators and students. It evaluates anonymous student feedback on the activities to demonstrate how these role-play activities deepened students’ critical capacities and refined their ability to communicate to varied audiences and achieve specific policy or programmatic outcomes.
Biber, K 2021, 'Conjuring documents' in Biber, K, Luker, P & Vaughan, P (eds), Law's Documents, Routledge, pp. 178-194.
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Illuminating their breadth and diversity, this book presents a comprehensive and multidisciplinary view of legal documents and their manifold forms, uses, materialities and meanings.
Biber, K, Luker, T & Vaughan, P 2021, 'Law's documents' in Biber, K, Luker, P & Vaughan, P (eds), Law's Documents, Routledge, pp. 3-25.
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Crofts, P 2021, 'The Judge, the Judiciary and the Court' in Appleby, G & Lynch, A (eds), The judge, the judiciary and the court, Cambridge University Press, Cambridge, pp. 283-306.
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The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.
Dehm, S 2021, 'International law at the border: Refugee deaths, the necropolitical state and sovereign accountability' in Chalmers, S & Pahuja, S (eds), Routledge Handbook of International Law and the Humanities, Routledge, UK, pp. 341-356.
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This chapter explores the concept of necropolitics in order to understand the relationship between people seeking asylum and the modern state in international law. The concept of necropolitics, as theorised by Cameroonian philosopher Achille Mbembe and then taken up in critical migration and border studies scholarship in the humanities, provides a useful diagnostic for understanding the colonial history and contemporary form of state border regimes that harm migrants and refugees as well as international law’s role in authorising this structural violence. It allows for apprehending refugee deaths not as aberrations, but rather as intrinsic to how contemporary international law arranges political space and legal order, with international law’s principal subject, the modern territorial state, premised upon the logic and operation of the border. The chapter focuses on one specific ‘border encounter’ between the Australian state and refugees detained on Manus Island to offer two lines of inquiry – one historical, one political – for understanding the role of international law in enabling and perpetuating state violence towards refugees. In conclusion, the chapter suggests that such analyses offer critical potential for international lawyers to re-orient notions of community, security and belonging in international law towards less violent forms of co-existence and co-habitation.
Dehm, S 2021, 'Passport struggles' in Biber, K, Vaughan, P & Luker, P (eds), Law's Documents, Routledge, pp. 71-93.
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Dehm, S 2021, 'Transnational Migration Law: Authority, Contestation, Decolonization' in Zumbansen, P (ed), The Oxford Handbook of Transnational Law, Oxford University Press, pp. 683-706.
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Abstract This chapter trace how “transnational migration law” has come to construct human mobility. It argues that transnational migration law is best conceived of as a useful methodological approach, rather than a distinct area of legal doctrine or spatial domain of law. Conceived as a method, transnational migration law can reveal the juridical assemblage of practices, subjects, and relations for regulating migration. This chapter illuminates some of the core and potentially rival sites, forms, and practices of transnational migration lawmaking, drawing attention to the productive and coercive forces of transnational migration law that have resulted in the maintenance of a “global hierarchy of mobility.” Yet, recognizing that state attempts to monopolize “the legitimate means of movement” are incomplete and contested, the chapter argues that scholars of “transnational migration law” must pay attention to diverse and situated Indigenous legal traditions as sources of authority. In doing so, the chapter critically unpacks the relationship between migration and struggles for decolonization and global justice.
Dwyer, T, Wilding, D & Koskie, T 2021, 'Australia: Media Concentration and Deteriorating Conditions for Investigative Journalism' in Trappel, J & Tomaz, T (eds), The Media for Democracy Monitor 2021: How Leading News Media Survive Digital Transformation, Nordicom, University of Gothenburg, Gothenburg, pp. 59-94.
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To what extent do structures and conduct of leading news media correspond with requirements of contemporary democracies? Based on a root concept of democracy and several empirical indicators, the Media for Democracy Monitor (MDM) delivers a panorama of the news media’s performance regarding freedom, equality, and control across several countries. In 2011, the MDM analysed 10 democracies. Ten years later, it covers 18 countries worldwide and pinpoints essential strengths and weaknesses during this decade of digitalisation. Around the globe, news are highly attractive to users, and the journalistic ethos of watchdogs and investigators is paramount. On the downside, journalistic job security eroded over time, and gender gaps both in content and employment patterns remain strikingly excessive in most countries. Volume one contains countries present in the 2011 MDM edition, allowing for longitudinal comparative analysis: Australia, Austria, Finland, Germany, the Netherlands, Portugal, Sweden, Switzerland, and the United Kingdom.
Goldblatt, B 2021, 'Economic Inequality and the Right to Social Security: Contested Meanings and Potential Roles' in MacNaughton, G, Frey, D & Porter, C (eds), Human Rights and Economic Inequalities, Cambridge University Press, UK, pp. 295-315.
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The right to social security, widely referred to in international human rights law, including in International Labour Organization conventions, is also found in more than half of all constitutions in the world (Jung et al. 2014). Social security is prominent in the Sustainable Development Goals (SDGs); “social protection” is explicitly stated in three targets. The term “social protection” is often used synonymously with social security and at other times used as a broader concept with social security as a core component (Goldblatt 2016, 8–9). Goal 1 to “End poverty in all its forms everywhere” includes Target 1.3: “Implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable” (UNGA 2015, 15). While the target requires social protection for “all” this idea of equality of access in ending poverty does not necessarily ensure that economic inequality will be addressed as there may still be significant differences of income and wealth within the society once this target is met.
Goldblatt, B 2021, 'The Work of Living: Social Reproduction and the Right to the Continuous Improvement of Living Conditions' in Hohmann, J & Goldblatt, B (eds), The Right to the Continuous Improvement of Living Conditions Responding to Complex Global Challenges, Bloomsbury Publishing, Oxford, pp. 205-223.
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In this chapter I argue that the right to the continuous improvement of living conditions requires State support for and provision of the means to a better life. If living conditions are understood as comparable to but distinguishable from working conditions, then this suggests that life at home and/or in the community rather than in the workplace is the locus of this right. While food, clothing and housing, including services such as water and electricity, transport and infrastructure, together with an adequate standard of living, provided through work or social security, are essential to a good life, something more makes up the living conditions to which the right refers. The home and community, the space of this ‘ living ’ , is also the realm of social reproduction where society remakes itself, usually through unpaid work that is gendered and intimate, but also drawing on the (poorly) paid labour of workers. I consider how mechanisms to acknowledge and support the often unseen work of care and to generate new relations of caring should be built into our understanding of the right to the continuous improvement of living conditions. The right should be informed by an awareness of the material, affective, embodied and communal dimensions of this work in the home, family and community in attempting to ensure that this necessary labour is neither commodified nor exploited but is shared, supported and transformed.
Greenman, K 2021, 'The Law of State Responsibility and the Persistence of Investment Protection' in Venzke, I & Heller, KJ (eds), Contingency in International Law: On the Possibility of Different Legal Histories, Oxford University Press.
Greenman, K 2021, 'The Mexican Revolution' in Greenman, K, Orford, A, Saunders, A & Tzouvala, N (eds), Revolutions in International Law, Cambridge University Press, pp. 339-364.
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The Mexican Revolution is commonly perceived to have been the first social revolution. The revolutionary Mexican Constitution of 1917, at the time perhaps the most radical the world had seen, is well known, as is the subsequent oil nationalisation of the 1930s that it facilitated. Another significant, albeit less immediately striking, consequence of the revolutionary events that took place in Mexico between 1910 and 1920 was that a large number of claims were made against the Mexican state in respect of injuries caused to foreign nationals as a result of the revolution. Such claims found their basis in a (hotly contested) body of international legal rules that had emerged during the second half of the nineteenth century and first decades of the twentieth concerning alien protection: that is, concerning the rights of states to protect their nationals overseas and the duties of states when it came to the treatment of foreign nationals in their territory. The law of alien protection was also known as, or incorporated, state responsibility for injuries to aliens and diplomatic protection. Subsequently, six mixed claims commissions – with the United States, France, Germany, Spain, Britain and Italy – were set up to adjudicate Mexico’s international responsibility for claims that had arisen in respect of loss or damage caused by ‘revolutionary acts’ between 20 November 1910 and 31 May 1920. Loss or damage here encompassed personal injury, property loss or damage and breach of contract. Claims could be brought by ‘corporations, companies, associations, partnerships or individuals’. In addition, there was a second US commission, the ‘general commission’ (in contrast to the ‘special commission’, as the other US commission was known), which also had jurisdiction over certain other ‘revolutionary damage’ claims.
Greenman, K, Orford, A, Saunders, A & Tzouvala, N 2021, 'International Law and Revolution' in Greenman, K, Orford, A, Saunders, A & Tzouvala, N (eds), Revolutions in International Law, Cambridge University Press, pp. 1-24.
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In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order and international law in profound, unprecedented and lasting ways. The Mexican and Russian revolutions posed fundamental challenges to the still embryonic profession of international law, its practitioners then largely committed to various forms of liberalism and capitalism. In bringing the ‘social question’ to the forefront of international legal debates, the Mexican and Russian revolutions offered new ways of thinking about foundational concepts of property, statehood and non-intervention – and indeed about the very nature of law itself.
Grey, A 2021, 'China’s Minority Language Rights: No Bulwark Against Upcoming Change' in Kehoe, S & Wielander, G (eds), Cultural China: The Contemporary China Centre Review 2020, University of Westminster Press, London, pp. 107-112.
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Hobbs, H 2021, 'Self-Determination and Treaty-Making in Australia' in Gerber, P & Castan, M (eds), Critical Perspectives on Human Rights Law in Australia, Thomson Reuters, pp. 353-372.
Hobbs, H, Whittaker, A & Coombes, L 2021, 'Introduction' in Hobbs, H, Whittaker, A & Coombes, L (eds), Treaty-Making Two Hundred and Fifty Years Later, Federation Press, pp. 1-15.
Hohmann, J 2021, 'Sources for a Nascent Interpretation of the Right to Continuous Improvement of Living Conditions' in Hohmann, J & Goldblatt, B (eds), The Right to the Continuous Improvement of Living Conditions, Hart Publishing, UK, pp. 19-40.
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Hohmann, J & Goldblatt, B 2021, 'Introduction' in Hohmann, J & Goldblatt, B (eds), The Right to the Continuous Improvement of Living Conditions, Hart Publishing, UK, pp. 1-18.
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In this introductory chapter we situate the right, and the discussions it prompts, both within human rights scholarship, and within international and regional human rights instruments. Following this contextualisation, we draw together some key themes that emerge from the chapters in the collection that seek to recover the right from its largely forgotten status. These themes provide shape to this interpretive project and prompt important future research agendas on the right to continuous improvement of living conditions. We address the following: First, the question of how to interpret this right going forward, within the context of the ICESCR, human rights as a whole, and the wider architecture of international ordering such as through the international financial institutions. Second, we draw out the complex issue of resources. This involves both a fine-grained look at the measurement of poverty, for instance, and a wider discussion of the pressing need to reconsider the current global economic system, in which the structural injustice of human rights violation unfolds. A third theme is the need to define ‘living conditions’ and consider how an expansive meaning informs the right. A final theme we draw out is direction, trajectory and (forward) movement in human rights realisation, and its relation to recovering the right to continuous improvement of living conditions’
radical potential in human rights thought and practice. The right invites us to re-consider questions of the history, current interpretations and critical understandings of human rights, and their (utopian) futures. We conclude with some suggested future directions for work on this important right.
Hohmann, JM 2021, 'Housing as a Right'.
Kennedy, A, Hamman, E, Warnock, C, du Plessis, A & Fowler, R 2021, 'Teaching and Learning in Environmental Law', Edward Elgar Publishing.
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Kintominas, A, Berg, L & Farbenblum, B 2021, 'Technology for engaging and empowering migrant workers' in McAuliffe, M (ed), Research Handbook on International Migration and Digital Technology, Edward Elgar Publishing, pp. 236-250.
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This chapter explores the potential for leveraging increasing digital connectivity to better engage and empower migrant workers. It examines the growth of digital platforms in four domains: providing migrant workers with information on their legal rights and market conditions; empowering migrant workers to rate and review their employers and recruiters; promoting solidarity and collective organizing; and finally, supporting access to justice. Digital technology holds the promise to support the engagement of migrant workers more rapidly, cheaply and at greater scale. But, despite tendencies towards ‘tech-utopianism’, technological interventions are not a panacea and rarely transform the structural drivers of migrant workers’ precarity. The chapter therefore also considers the ethical and practical challenges, risks and trade-offs that these technological interventions bring. Ultimately, it concludes, digital initiatives are most likely to be successful where they are well-integrated into an organization’s broader (typically offline) programs with well-conceived theories of change.
Leary, D 2021, 'Synthetic biology and international environmental law: Time to move from definition to regulation' in Sindico, F, Switzer, S & Tianbao, Q (eds), The Transformation of Environmental Law and Governance: Risk, Innovation and Resilience, Edward Elgar Publishing, pp. 225-242.
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This chapter explores risk and innovation in the context of revolutionary technologies of synthetic biology, gene drives and CRISPR. It highlights laws inability to keep pace with innovation in technology and associated risk; how bias towards ‘inherited regulatory regimes’ stifles laws resilience, thus exposing the limits of laws transformative potential.
Libesman, T & Gray, K 2021, 'South Australia v Lampard-Trevorrow [2010] SASC 56' in Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making, pp. 206-222.
Luker, T 2021, 'Law's signature acts' in Biber, K, Luker, P & Vaughan, P (eds), Law's Documents, Routledge, pp. 137-158.
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Illuminating their breadth and diversity, this book presents a comprehensive and multidisciplinary view of legal documents and their manifold forms, uses, materialities and meanings.
Macmillan, F 2021, 'Human Rights, Cultural Rights, Copy Wrongs' in Pasciuta, B & Trujillo, I (eds), Storie dei Diritti Umani (Histories of Human Rights), Giappichelli, pp. 103-132.
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It’s hard to tell from the multitudinous babble of the Internet whether Desmond Tutu really said that “[t]here comes a point where we need to stop just pulling people out of the river. We need to go upstream and find out why they’re falling in”.1 Even if he didn’t say it, it’s the sortof thing he might have said because it has a ring of irrefutable humanity and common sense. Coming from a source of moral authority like Archbishop Tutu its implicit suggestion is that “upstream” we will not just find the problem but also the means of remedying it. Of course,as is always the case, the more one dwells on this idea the more worrisome it becomes. What if the situation upstream benefits more people than it harms and those few unfortunates that finish off downstream are in a tiny minority? Or perhaps the situation upstream benefits thedry and powerful few at the expense of the wet and dispossessed many. What do we do if we discover that the situation upstream, even if unjust and indefensible, is a lot more complicated than we thought? That it is intricately linked into much bigger ebbs and flows?A critical look at the effects of the international copyright regime tends to involve us in questions of this sort. Accepting that the regime produces too many water-logged bodies and heading upstream with the idea of remedying the problem with the legal tools we have to hand sucks us into a marsh of problems that have their most proximate origin in the system of international law put in place by the victor states, under the leadership of the United States, at the end of the Second World War. This chapter explores this proposition by considering what bodies finish downstream of the international copyright system and whether there are so many of them that we need to rethink the system. After considering the location of copyright within the system of international law, the chapter turns to the possible role of human rights. It reflects on whether recourse upstream to ...
Macmillan, F 2021, 'Intellectual Property and Cultural Heritage: Towards Interdisciplinarity' in Calboli, I & Motagnani, LL (eds), Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives, Oxford University Press, Oxford, pp. 331-343.
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This chapter examines questions of methodology opened up by this state of affairs. It reflects on a selection of the myriad subquestions and implications opened up by, respectively, the question of legal ordering and that of interdisciplinary and cross-disciplinary approaches.
Millbank, J 2021, 'Sexual Orientation and Gender Identity in Refugee Claims' in Costello, C, Foster, M & McAdam, J (eds), The Oxford Handbook of International Refugee Law, Oxford University Press, Oxford, pp. 761-C42.P41.
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Abstract This chapter explores two key themes in modern refugee jurisprudence concerning sexual orientation and gender identity (SOGI) claims over the past 35 years. First, there is a persistent, indeed widening, gap between the formal acceptance of SOGI claims in refugee law—broadly taken to include authoritative international guidance, interpretative norms, and binding domestic precedent—and the implementation of such law through the low-level administrative practice that comprises the vast bulk of refugee status determination (RSD). Secondly, although SOGI claims are often considered as marginal or exceptional cases, they should be seen as a key axis from which to understand major developments and failings of refugee law across the board. The chapter then suggests that SOGI claims are a paradigm example of the ontological challenges at the heart of RSD. These include the enduring challenges posed by fact-finding and evidentiary practices such as future-focused risk analysis, credibility assessment, and the interpretation of claims across culture.
Munton, JR 2021, 'Work Health and Safety: Regulating for Safe and Sustainable Work Practices in a Post-Pandemic World' in Bennett, B & Freckelton, I (eds), Pandemics, Public Health Emergencies and Government Powers Perspectives on Australian Law, Federation Press, pp. 196-210.
Murphy, JR, Grant, E & Anthony, T 2021, 'Indigenous courthouse and courtroom design in Australia' in Courthouse Architecture, Design and Social Justice, Routledge, pp. 75-106.
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Omar, P & Gant, J 2021, 'Research Handbook on Corporate Restructuring' in Omar, PJ & Gant, JLL (eds), Research Handbook on Corporate Restructuring, Edward Elgar Publishing, Cheltenham, UK, pp. 299-326.
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Through a comparison of the applicable legislation and relevant caselaw in the United Kingdom (UK), Australia and New Zealand, this chapter examines insurance procedures during corporate insolvency
Opeskin, B 2021, 'Dismantling the Diversity Deficit' in Appleby, G & Lynch, A (eds), The Judge, the Judiciary and the Court, Cambridge University Press, pp. 83-115.
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For much of its history, Australia’s judiciary has been highly homogenous—comprised of white, middle-aged males from privileged socio-economic backgrounds. In recent years, there have been calls to redress this ‘diversity deficit’, namely, the gap between the composition of the judiciary and the composition of the population at large. This chapter examines the challenges faced by this social project by asking: (1) why does judicial diversity matter; (2) what characteristics are important for a diverse judiciary; (3) how do we measure the diversity deficit; and (4) what action is needed to redress the diversity deficit? The chapter argues that we should broaden our categories of interest, guided by the underlying justifications for diversity, and understandings of the social fabric derived from the national census. The changing nature of Australian society requires us to look beyond gender and race in fashioning an inclusive judiciary that is fit for purpose in the 21st century.
Opeskin, B 2021, 'Preface', pp. v-vi.
Silink, A 2021, 'Equitable estoppel - Doctrinal Coherence or Fragmentation' in Pilkington, T & Eldridge, J (eds), Twenty-first Century Directions in Contract Law, Federation Press, pp. 116-152.
Stewart, B & Currie, A 2021, 'Legal Secondary Consultations: Expanding the Reach of Ontario's Community Legal Clinics through Community Partnerships' in Access to Justice in the Americas, pp. 103-124.
van Rijswijk, H 2021, 'Harms of the Stolen Generations Claimed Under the Flag: Contesting National World-Making Through Literature' in Flags, Color, and the Legal Narrative, Springer International Publishing, pp. 593-603.
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Vijeyarasa, R 2021, 'Conclusion - Women and the law: The challenges ahead for gender-responsive legislation' in Vijeyarasa, R (ed), International Women's Rights Law and Gender Equality: Making the Law Work for Women, Routledge, Abingdon, Oxon and New York, NY, pp. 216-226.
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International Women’s Rights and Gender Equality has revisited a decades-long problem of the law failing to adequately respond to women’s rights, needs and interests. Contributions to this book map out and elucidate the necessary steps for domestic legislation to work more effectively in fulfilling global commitments to women’s rights. In undertaking this exercise, a number of shared tensions have emerged. In this chapter, Vijeyarasa explores common questions that need to be resolved as we move forward towards the goal of legislating for women. While many of these tensions remain unresolved, they pave the way for further debate and pragmatic dialogues on how best to exploit legislative successes to date in an effort to achieve more for women.
Vijeyarasa, R 2021, 'In pursuit of gender-responsive legislation: Transforming women's lives through the law' in Vijeyarasa, R (ed), International Women's Rights Law and Gender Equality: Making the Law Work for Women, Routledge, Abingdon, Oxon and New York, New York, pp. 3-15.
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Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive ...
Vogl, A 2021, 'Protection, crime, and punishment: regulation at the nexus of crimmigration and refugee law' in Dauvergne, C (ed), Research Handbook on the Law and Politics of Migration, Edward Elgar Publishing, Toronto, pp. 277-290.
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Vogl, A 2021, 'What is a bogus document?' in Biber, K, Vaughan, P & Luker, P (eds), Law's Documents, Routledge, pp. 94-111.
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Watson, N & Douglas, H 2021, 'Introduction' in Indigenous Legal Judgments Bringing Indigenous Voices into Judicial Decision Making, Routledge, pp. 1-22.
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This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, perspectives and worldviews.
Young, S & Burns, M 2021, 'Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422' in Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making, pp. 92-111.
Young, S & Hobbs, H 2021, 'Treaty-Making: Critical Reflections on Critiques from Abroad' in Hobbs, H, Whittaker, A & Coombes, L (eds), Treaty-Making Two Hundred and Fifty Years Later, Federation Press, Sydney, pp. 156-178.
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One of the fundamental challenges to contemporary treaty-making processes in Australia is the historical absence of negotiated agreements. The British Crown and successive Australian governments failed to seriously consider entering into treaties with Aboriginal and Torres Strait Islander peoples. It has left Australians with little familiarity over what is and what is not a treaty, as well as limited capacity to set up the mechanisms and institutions necessary to engage in productive negotiation. As Northern Territory Treaty Commissioner Mick Dodson explains in this collection, neither FirstNations nor Australian governments are ‘close to being “treaty ready”’.1 Thankfully, there is a wealth of international experience from which First Nations and governments can draw. Treaties are accepted around the world as the means of resolving differences between First Nations and those who have colonised their lands; they have been made in the United States, Aotearoa New Zealand, and are still being negotiated in Canada today.2 Comparative examination of modern treaty processes in Canada is valuable. Jill Gallagher, theVictorian Treaty Advancement Commissioner, has spoken openly of her desire that treaty processes inAustralia look closely at the experience in Canada. Modern treaty processes in that country demonstratethat contemporary treaties are possible; ‘we can learn from what they did’.3 In 2018, Gallagher and a group of Aboriginal Victorians travelled to North America to meet with First Nations leaders engaged in treaty negotiations and treaty implementation:We witnessed the incredible transformation that treaty can offer our communities. We witnessed how treaties gave communities control over their affairs, how they can embed culture in their social services, design a justice system that doesn’t just lock up their children, develop housing policies that reunite communities, not divide.4 The experience in North America and Aotearoa New Zealand suggest...
Anthony, T & Bartels, L 2021, 'Introduction to Special Edition: COVID-19, Criminal Justice and Carceralism – Critical Reflections and Change', Current Issues in Criminal Justice.
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Anthony, T & Blagg, H 2021, 'Biopower of Colonialism in Carceral Contexts: Implications for Aboriginal Deaths in Custody', Journal of Bioethical Inquiry, vol. 18, no. 1, pp. 71-82.
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This article argues that criminal justice and health institutions under settler colonialism collude to create and sustain 'truths' about First Nations lives that often render them as 'bare life,' to use the term of Giorgio Agamben (1998). First Nations peoples' existence is stripped to its sheer biological fact of life and their humanity denied rights and dignity. First Nations people remain in a 'state of exception' to the legal order and its standards of care (Agamben 1998). Zones of exception place First Nations people in a separate and diminished legal order. Medical and health agencies have been instrumental in shaping colonial 'biopower,' both in and beyond carceral settings to ensure that First Nations lives are managed in accordance with the colonial settler state project. This project is able both to threaten First Nations rights to live and to maintain settler self-perceptions of decency and care. We illustrate this discussion with reference to the tragic and unnecessary deaths in custody of twenty-two-year-old Yamatji woman Ms Dhu in 2014 in South Hedland Police Station, Western Australia, and twenty-six-year-old Dunghutti man David Dungay Jnr in Long Bay jail in Sydney, NSW, in 2015. Health professionals and police demonstrated callous disregard to Ms Dhu and Mr Dungay-treating them as 'bare life.'
Anthony, T, Sentance, G & Behrendt, L 2021, '“We’re Not Being Treated Like Mothers”: Listening to the Stories of First Nations Mothers in Prison', Laws, vol. 10, no. 3, pp. 74-74.
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This article is based on research with over 160 First Nations women in prisons in New South Wales, Australia. The research identified the lived experience of prison sentences for First Nations women in prison. Our research methodology was guided by an Aboriginal women’s advisory body called sista2sista. It was based on the principles of Dadirri in which we listened to the stories of First Nations women in prison on their terms. Consequently, many stories we heard were not about the criminal sentencing process itself, but about the impacts of imprisonment on their capacity to be caregivers in the community, including as mothers, grandmothers, aunts, sisters, teachers and role models. The findings from this research are dual. First, the importance of listening to and empowering First Nations women in prison in policy making that concerns First Nations women. Second, the need to decarcerate First Nations mothers and listen and respond to their needs, expectations, priorities and aspirations, to ensure they are supported in fulfilling their role and responsibility to care, nurture, strengthen and lead their families and communities.
Armstrong, S, Biber, K & Linnemann, T 2021, 'Catching our breath: Reading the pandemic through crime, media and culture', Crime, Media, Culture: An International Journal, vol. 17, no. 1, pp. 3-5.
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Bowley, R & Grant-Preece, S 2021, 'Directions for the distribution to priority creditors: Re Force Corp Pty Ltd (in liq)', Insolvency Law Bulletin, vol. 21, no. 3&4, pp. 41-45.
Crofts, P 2021, 'Killing To Survive: The Walking Dead, Police Slayings and Medieval Malice', Law, Culture and the Humanities, vol. 17, no. 2, pp. 200-223.
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Fatal police shootings in the United States have generated much media and academic comment. These shootings fit within the historical common law category of homicides under compulsion and in practice rarely result in prosecutions and even less convictions. This article considers the laws of compulsion through the prism of early common law and slayings for survival in the horror series The Walking Dead. Contemporary accounts of justifiable homicide sustain early common law attempts to balance the need for authorized force to enforce the law against the protection of citizens from arbitrary force. Contemporary law focuses on whether or not the decision to use force was reasonable, but The Walking Dead depicts the narrowness of this question of culpability. The moral difference in slayings is not only whether a law enforcement officer’s decision to use force was reasonable, but whether or not the slayer desired to kill and was acting for a public or personal purpose. The Walking Dead also raises questions about the aspirations of the contemporary justice system. It portrays the medieval conception that the slayer and the community in which they live would be tainted by a homicide – whether excused or felonious. In medieval times, the process of justice was relied upon to remove the taint of a slaying from the community. The Walking Dead represents the thinness of contemporary accounts of compulsion and acts out early common law conceptions of malice.
Dehm, S 2021, 'Legal Exclusions: Émigré Lawyers, Admissions to Legal Practice and the Cultural Transformation of the Australian Legal Profession', Federal Law Review, vol. 49, no. 3, pp. 327-351.
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Legal histories of Australia have largely overlooked the exclusion of European émigré lawyers from legal practice in Australia. This article recovers part of this forgotten history by tracing the drawn-out legal admission bids of two Jewish émigré lawyers in the mid-20th century: German-born Rudolf Kahn and Austrian-born Edward Korten. In examining their legal lives and doctrinal legacies, this article demonstrates the changing role and requirement of British subjecthood in the historical constitution and slow cultural transformation of the Australian legal profession. This article suggests that contemporary efforts to promoting cultural diversity in the Australian legal profession are enriched by paying attention to this long and difficult history of legal exclusions.
Dehm, S & Millbank, J 2021, 'Acusações de Bruxaria Como Perseguição Baseada no Gênero no Direito dos Refugiados', Direito Público, vol. 18, no. 97, pp. 516-550.
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A violência relacionada à bruxaria (VRB), particularmente direcionada a mulheres e crianças, tem se tornado uma fonte de crescente preocupação para organizações de direitos humanos neste século. Contudo, para aqueles que fogem de VRB, tal preocupação não tem se refletido no reconhecimento da condição de refugiado. Esta pesquisa examina como alegações de VRB foram abordadas em todas as decisões de refúgio disponíveis em inglês, oriundas de cinco jurisdições. Argumentamos que VRB é uma manifestação de violência relacionada ao gênero, que expõe graves falhas na aplicação da jurisprudência sobre refúgio. A desatenção aos elementos religiosos e organizacionais de práticas de bruxaria, combinada com uma análise insensível ao gênero, demonstra que as solicitações foram frequentemente reconfiguradas por decisores como rancores pessoais ou disputas familiares ou comunitárias, de forma que elas não foram consideradas ofensas reconhecidas pela Convenção de 1951, ou foram simplesmente desmerecidas e tidas como inverossímeis. A taxa de sucesso das solicitações foi baixa, comparada às médias disponíveis, e, quando bem-sucedidas, as solicitações foram universalmente aceitas sob algum outro fundamento que não fosse o elemento de bruxaria do caso. Este artigo foca particularmente nos casos em que a/o solicitante temia perseguição por ser acusada/o de ser bruxa/o, enquanto um segundo artigo relacionado a este aborda as pessoas temendo perseguição por bruxas/os ou pelo meio de bruxaria.
Dehm, S, Loughnan, C & Steele, L 2021, 'COVID-19 and sites of confinement: Public health, disposable lives and legal accountability in immigration detention and aged care', University of New South Wales Law Journal, vol. 44, no. 1, pp. 59-102.
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The global COVID-19 pandemic starkly revealed the underlying structural harms and produced vulnerabilities for people living in closed congregate settings like immigration detention centres (‘IDCs’) and residential aged care facilities (‘RACFs’). This article compares the Australian legal regimes that regulate IDCs and RACFs, conceptualising both as authorising and enabling sites of control, confinement and social isolation. We argue that specific COVID-19 measures have intensified a logic of social exclusion and disposability towards people in IDCs and RACFs. Through comparing recent COVID-19 litigation, the article explores the possibilities and limitations of engaging legal strategies to achieve social reform and legal accountability within both sites of confinement. Ultimately, we suggest that such COVID-19 litigation has the greatest possibility of advancing social justice when it is embedded in a broader politics of de-incarceration and abolition oriented towards political inclusion, public health and building more equitable and just communities.
Dehm, S, Loughnan, C & Steele, L 2021, 'COVID-19 AND SITES OF CONFINEMENT: PUBLIC HEALTH, DISPOSABLE LIVES AND LEGAL ACCOUNTABILITY IN IMMIGRATION DETENTION AND AGED CARE', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 44, no. 1, pp. 60-103.
Flanagan, F & Huf, B 2021, 'Putting Capitalism in Its Place: Economies of Worth and the Practice of Australian History', Labour History, vol. 121, no. 1, pp. 195-217.
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Flanagan, F & Walker, M 2021, 'How can unions use Artificial Intelligence to build power? The use of AI chatbots for labour organising in the US and Australia', New Technology, Work and Employment, vol. 36, no. 2, pp. 159-176.
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Artificial intelligence increasingly forms an essential context for the distribution of power within workplaces. Using the case study of an AI‐enabled chatbot initially created by IBM and subsequently developed by an alt‐labour network in the United States and a traditional union in Australia, this article outlines several distinctive ways in which the chatbot increased union resources and capabilities. Once reconfigured to reflect an ‘organising’, rather than ‘servicing’ ethos, the chatbot became an infrastructural resource that enabled otherwise marginal workers to receive basic information in a manner that reinforced union narratives of power and worker solidarity, and workplaces to be mapped more efficiently. The chatbot did not act as a labour saving tool, but stimulated wide‐ranging learning by bringing implicit tensions between ‘servicing’ and ‘organising’ conceptions of knowledge, power and expertise to the surface. Chatbots thus offer distinctive potential affordances to unions in enhancing their resources and capabilities as ‘orchestrators’ of worker power.
Flew, T & Wilding, D 2021, 'The turn to regulation in digital communication: the ACCC’s digital platforms inquiry and Australian media policy', Media, Culture & Society, vol. 43, no. 1, pp. 48-65.
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This article provides an overview of the Australian Competition and Consumer Commission (ACCC) Digital Platforms Inquiry, as a case study in the new thinking about digital platform regulation taking place in many nations. With its focus upon the impact of digital platforms on news and journalism, the ACCC Inquiry parallels other reviews, such as the Cairncross Review on the Future of Journalism in the United Kingdom. While the Inquiry had a somewhat ‘accidental’ history, the core issues that it raised have acquired considerable political resonance in Australia. The concept of harms provides a useful lens through which to understand the ACCC’s focus, as it identified harms caused by the market dominance of Google and Facebook for traditional news media businesses, and for consumers and citizens. Responding to the ACCC Final Report will present challenges in identifying the public good dimension of journalism and who should pay for it, the scope and reach of digital platform regulation and its relationship to media policy and regulation, and the scope for small nations to effectively manage the power of global digital platform giants.
Garcia Garcia, S, Barclay, K & Nicholls, R 2021, 'Can anti-illegal, unreported, and unregulated (IUU) fishing trade measures spread internationally? Case study of Australia', Ocean & Coastal Management, vol. 202, pp. 105494-105494.
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© 2020 Elsevier Ltd The emergence of illegal, unreported and unregulated (IUU) fishing as a policy issue over the past two decades has galvanised efforts to advance the regulation of high seas fishing to ensure the conservation and sustainable use of fishery resources. This process enabled the introduction of environmental provisions into international trade under the guise of ensuring the lawful sourcing of seafood. This has proven more acceptable to the trade regime than bans on unsustainably harvested seafood. The European Union and the United States have led the establishment of legality as a proxy for different environmental and social accountability concerns and have implemented unilateral trade measures to prevent seafood sourced from IUU fishing from entering their markets through traceability schemes. Although the EU and US are huge markets, the ultimate success of such measures in reducing IUU fishing lies in their take up in other countries and the potential for harmonisation at the supra-state level. This research has explored the potential for implementation of anti-IUU trade measures in Australia through discourse analysis of semi-structured interviews and public policy documents. Our findings show that there is very limited potential for anti-IUU fishing trade measures in Australia due to socio-specific constructions of IUU and of fisheries management. These findings are relevant for the potential policy diffusion of anti-IUU trade measures in market states.
Garland, F, Thomson, M, Travis, M & Warburton, J 2021, 'Management of ‘disorders of sex development’/intersex variations in children: Results from a freedom of information exercise', Medical Law International, vol. 21, no. 2, pp. 116-146.
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Non-therapeutic medical interventions on the bodies of children born with disorders of sex development (DSD)/intersex variations have been subject to increasing critical scrutiny. In response to recent criticism directed at the United Kingdom, and early moves to consider reform, we report on a freedom of information exercise that sought to evaluate whether National Health Service England is meeting international standards on optimal clinical management of DSD/intersex variations. The study explored what medical protocols are being followed to help inform potential reform, particularly with regard to non-therapeutic surgery. While the exercise revealed limited examples of promising practice, current protocols in the majority of Trusts appear unlikely to meet the complex needs of these children. We identify areas where significant improvement is needed, including data management, consistency in guideline use, composition of multidisciplinary teams and addressing disciplinary hierarchies within teams. These concerns sharpen criticisms of the lack of recognition of children’s rights in this context.
Goldblatt, B 2021, 'Equal access to social and economic rights in Australia – the troubling case of ParentsNext', Australian Journal of Human Rights, vol. 27, no. 3, pp. 597-603.
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Goldblatt, B & Steele, L 2021, 'Disposable Menstrual Products as Law's Objects', Columbia Journal of Gender and Law, vol. 41, no. 1, pp. 114-22.
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During the past few years, scholars and activists have increasingly engaged with law as a means to challenge stigma, silence, and disadvantages associated with menstruation. Menstrual items (predominantly in the form of disposable menstrual products) are becoming increasingly prominent in this “legal turn.” There have been legislative reforms to provide access to free menstrual items, litigation and legislative reforms to remove taxes on menstrual products, legislative reforms on product safety and environmental sustainability of menstrual items, and water and sanitation hygiene (‘WASH’) policies and guidelines in the context of international development interventions that focus on access to menstrual items.
As regulation of disposable menstrual products assumes greater prominence in legal doctrine, feminist legal scholars are increasingly evaluating the impacts of such laws on menstruators, including in the context of diverse experiences of menstruation and menstrual injustice. But what can disposable menstrual products themselves tell us of law? In this Essay we take an object-informed approach to law in the specific context of disposable menstrual products. What insights about law might these objects provide, and how do these insights deepen our understanding of law’s relationship to menstruation, menstruators, and the worlds in which menstruators are situated? What can we appreciate about law’s role in defining, as well as recognizing and responding to, the diversity of experiences related to menstruation? How do menstrual items nuance our understanding of agency in relation to menstrual injustice? And what do these objects tell us about the limits and challenges of using law to achieve justice in relation to the embodied experiences of people who menstruate?
Part II introduces some key contributions to feminist legal thinking on materiality and objects, which informs our analysis of disp...
Grey, A 2021, 'Perceptions of invisible Zhuang minority language in Linguistic Landscapes of the People’s Republic of China andimplications for language policy', Linguistic Landscape. An international journal, vol. 7, no. 3, pp. 259-284.
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Abstract The article presents data from a 2013–2019 ethnography of Zhuang language policy to support an analysis of implications for language policy research and scholarship of findings about the (in)visibility of publicly displayed Zhuang. The analysis challenges core assumptions of language policy-making, advocacy and scholarship and explicates the general implications of this challenge beyond China, particularly for minority languages. The most important assumption that this article interrogates is that a written language on display will be recognised as that language by its speakers. Further, it argues that literacy, script, and other language policies impact on display policies and must work together; they do not in the Zhuang case. In making a case for language policy informed by ethnographic research, this article reviews the foundations of socially-situated analyses of Linguistic Landscapes. To galvanise further such research and articulate it to policy-makers, the article employs the term ‘lived landscape approach’.
Grey, A 2021, 'Tourist tongues: High-speed rail carries linguistic and cultural urbanisation beyond the city limits in Guangxi, China', Applied Linguistics Review, vol. 12, no. 1, pp. 11-37.
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AbstractThis article builds upon research which analyses the reconstruction of cities in China as an integral part of image-making discourses competing to attract mobile capital. It extends that literature beyond urban places to urbanisation processes, examining the material and linguistic features of networks and discourses of new high-speed rail infrastructure Guangxi, a poorer, rural, multilingual and multiethnic region of the People’s Republic of China (China) in which tourism – propelled by high-speed trains – has become a pillar of economic development. It argues that these trains produce symbolically powerful discourses which contribute to cultural urbanisation across Guangxi, emplacing urban norms outside city limits in pursuit of profitable sameness, as tourism does not trade only upon difference. Local multilingualism, specifically, is erased as too different, a barrier to tourists’ (and tourism capital’s) mobility. Amongst other ramifications, this reproduces social distance and ideologically displaces local languages.
Grey, A & Baioud, G 2021, 'English as Eastern: Zhuang, Mongolian, Mandarin, and English in the linguistic orders of globalized China', International Journal of the Sociology of Language, vol. 2021, no. 271, pp. 35-64.
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AbstractSocially constructed and globally propagated East-West binaries have influenced language ideologies about English in the People’s Republic of China (PRC), but they are not hegemonic. This essay explores how East-West language ideologies are reformed in mergers with Mandarin-minority language ideologies. It discusses two separate but similar recent studies of minority language speakers and language ideologies in the PRC, respectively by Grey and Baioud. Each study reveals aspects of how Mandarin and English are being socially constructed as on the same side of a dichotomous and hierarchic linguistic and social order, in contradistinction to minority languages. The essay thus problematizes the construction of English as a Western language and Mandarin as an Eastern language; both in academic discourses and in wider social and political discourses. The essay uses Asif Agha’s theory of “enregisterment” to unify the points drawn from each study. It concludes that the language ideologies and practices/discourses under examination reproduce the displacement of a subaltern status; we describe this process as dynamic, internal Orientalism and “recursive” Orientalism, drawing on foundational theory of language ideologies. This essay paves the way for further studies of recursive Orientalism.
Grey, A & Severin, AA 2021, 'An audit of NSW legislation and policy on the government’s public communications in languages other than English', Griffith Law Review, vol. 30, no. 1, pp. 122-147.
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This article reports on a 2019-2021 audit of the framework of an Australian state-level government’s decisions about their public communications in languages other than English (LOTEs). This audit involved a systematic search and analysis of current New South Wales (NSW) legislation and publicly available, formal, departmental policy. It found a dearth of either legislation or policy about the language of government communications, but we present a typology of ways in which NSW law seeks to regulate choice of language in other communications. These are laws that target how government representatives should (not) communicate with individuals and how non-government entities should (not) communicate with individuals, other entities, or the government, in particular contexts. We discuss the shortfalls of this decision-making framework. This includes interrogating of the role of NSW’s statutory Multicultural Principle about linguistic diversity and the haphazard ways that NSW legislation requires language of communication to be considered in relation to the likelihood that an intended audience will understand certain communications; our concerns about the lack of accountability for non-compliance; and a warning that leaving the majority of public NSW government communications reliant on informal/reactionary policy is unsuited to equitably fulfilling the needs of all NSW constituents. The article closes by arguing that consistent clear policy to guide the NSW government’s public communications practices would enable the government to more readily fulfil the (communicative) needs of its constituents. We thus propose a path for law and policy reform as well as directions for further research, both aimed at improving government decision-making and communicative efficiency with regard to NSW’s linguistically diverse public.
Grey, A & Smith-Khan, L 2021, 'Bringing linguistic research into legal scholarship and practice', Alternative Law Journal, vol. 46, no. 1, pp. 64-70.
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This article suggests a cohesive articulation of the shared basis upon which the interdisciplinary research field of law and linguistics is developing, organising the research around the familiar three branches of the state: legislature, executive and judiciary, thus providing a map oriented towards non-linguists and legal practitioners. It also invites interdisciplinary scholars to critically reflect on future directions for this research area. This effort to redress the lack of recognition within the law of relevant linguistic research is part of our pursuit of an alternative and more collaborative approach to legal scholarship and law reform addressing issues of communicative barriers and linguistic injustice.
Grey, A & Smith-Khan, L 2021, 'Linguistic diversity as a challenge and an opportunity for improved legal policy', Griffith Law Review, vol. 30, no. 1, pp. 1-17.
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This article introduces this Themed Issue, Linguistic Diversity as a Challenge to Legal Policy, and reports a small, peer-reviewed study of the integration of research about language issues in legal contexts in Australian legal education. The article explains that interdisciplinary law and linguistics research has emerged to better understand potential inequalities and injustices. This research speaks to concerns shared across many legal systems because both multilingualism and inter-lingual prejudice are common phenomena across nations. The Themed Issue’s eleven contributions draw scholarly attention to specific, current problems in legal contexts which relate to language practices and/or policies about language, arranged around the familiar three branches of the state (legislature, executive, judiciary). TheThemed Issue is aimed at endowing readers with motivation and basic knowledge to tread new, language-aware routes towards solutions based on collaborative research and policy reform. In regards to integrating such research into legal education, ourNSW and ACT study found few course offerings which focus on an intersection of linguistic and legal scholarship. We therefore suggest the development of electives or the inclusion of such material in core subjects (timely given the‘Priestly 11’ compulsory subjects are under review at the time of writing).
Grey, A, Lising, L & Cho, J 2021, 'Ideologies of English in Asia: an editorial', International Journal of the Sociology of Language, vol. 2021, no. 271, pp. 1-16.
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Abstract That English has spread in Asia is well-known, but this critical reflection, and the five contributions and book review that we hereby introduce, contribute to rectifying the relative absence in the sociology of language literature of studies approaching language ideologies and practices in specific Asian contexts from local perspectives. We are not alone; our inspections of journal archives show that scholars are increasingly responding to this relative absence in recent years. What this special issue offers is further diversity of both authors and cases, and moreover this special issue draws attention to the immutable, binary structure underlying the various globally-circulating discourses of the East and the West as part of investigating how socially constructed East-West binaries interact with language ideologies about English and other languages. It shifts the attention from fixity – East versus West – to diversity, extending East to Easts and West to Wests as our contributors identify and examine multiple, endogenous “imaginative geograph[ies]” (from Arif Dirlik’s [1996] “Chinese history and the question of Orientalism”, History and Theory 35(4): 97) constructed through various Orientalist ideologies. It founds this approach on a combination of the theory of recursive language ideologies and critical Orientalism scholarship. This is generative of new and useful sociolinguistic analyses. Having laid out this theoretical extension, this editorial then provides an overview of the issue’s contributions, which examine how socially constructed East-West binaries are interacting with language ideologies about English and other languages on sub-national scales in various Asian contexts including in Korea, China, Japan, Tajikistan and Pakistan.
Hawes, C 2021, 'The Huawei Model: The Rise of China's Tech Giant Yun Wen Urbana, Chicago and Springfield: University of Illinois Press, 2020 256 pp. $110.00 ISBN 978-0-252-04343-7', The China Quarterly, vol. 246, pp. 604-605.
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Heino, B 2021, 'The spaces of Australian capitalism: Making “place” out of “space” in 'The Unknown Industrial Prisoner'', Political Geography, vol. 85, pp. 1-11.
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Radical geographers have emphasised the centrality of class relations to the production of social space. In particular, this literature makes the distinction between the homogenising “abstract space” of global capital and meaningful, specific social “places.” The tension between the two expresses itself in spatial forms, creating the landscapes of capitalism. This political-economic conception of space and place is generally under-explored in the Australian context, particularly regarding the highly important post-World War II Long Boom period. This article interrogates the spatiality of this epoch through David Ireland's award-winning novel The Unknown Industrial Prisoner. Rooted in the notion of literary geography, which argues that literature “knows” things about the space of the society into which it is born, the article argues that Ireland portrays and handles in a particularly vivid and powerful way the dialectical articulations, simultaneously contradictory and intertwined, of space and place in the spatiality of Australian capitalism. Whilst he ultimately concludes that the powers of capital's abstract space dominate, he nevertheless demonstrates that through explicitly spatial projects of place-making, workers can attempt to impose their own political economy on the spatial form.
Hobbs, H 2021, 'DRAWING AN IMPLIED LIMITATION TO THE RACE POWER Comment', PUBLIC LAW REVIEW, vol. 32, no. 3, pp. 184-189.
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What is desired then is informal amendment of the race power which restrains its capacity to discriminate
adversely against Aboriginal and Torres Strait Islander peoples. Informal amendment may produce the preferred result without the risk that comes from a new set of words. In a previous comment, I argued that restraining the scope of the race power may not require a referendum. 14 That analysis was based on the High Court of Australia’s decision in McCloy v New South Wales. 15 No such limitation has since been found, but neither has the Court had cause to examine that specific question. In this comment, I explore whether the recent High Court decision of Love v Commonwealth; Thoms v Commonwealth (Love; Thoms),16 could offer another path to the High Court uncovering an implied limitation to the race power. Of course, such a conclusion will require an appropriate vehicle.
Hobbs, H 2021, 'First Nations, Settler Parliaments, and the Question of Consultation: Reconciling Parliamentary Supremacy and Indigenous Peoples' Right to Self-Determination', OSGOODE HALL LAW JOURNAL, vol. 58, no. 2, pp. 337-384.
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First Nations peoples assert a right to a distinctive relationship with the state based on their pre-colonial status as self-governing sovereign communities. Ascertaining the scope of First Nations peoples’ collective right to self-determination is complex, but there is broad international agreement that it encompasses a right to be consulted on state action that will affect their interests, including in the law-making process. The problem is that the right to be consulted in the development of legislation appears to place a constraint on the power of the legislature to propose, debate, amend, and enact laws as they see fit. Does the right to consultation unduly or impermissibly fetter democratic government by imposing a procedural or substantive restriction on the introduction of proposed laws? Can this entitlement be reconciled with the constitutional value of parliamentary supremacy? In recent years, the highest courts in Australia, Canada, and Aotearoa New Zealand have explored these questions. This paper examines those decisions and considers their consequences for the appropriate constitutional relationship between First Nations Peoples and the State.
Hobbs, H 2021, 'THE WASHINGTON DIARIES OF OWEN DIXON, 1942-1944', ALTERNATIVE LAW JOURNAL, vol. 46, no. 2, pp. 170-170.
Hobbs, H & Williams, G 2021, 'Micronations: A lacuna in the law', International Journal of Constitutional Law, vol. 19, no. 1, pp. 71-97.
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Abstract Around 100 active micronations exist across the globe. Led by committed and eccentric individuals, these aspirant or wannabe states assert their claims to sovereignty in myriad ways. In dressing in the language of statehood, they challenge understandings of, and approaches to, international legal personality. In this article we provide the first legal survey of micronations. We develop a conceptual framework to understand what it means to be a micronation, explore their various forms, and analyze key public law issues. Our survey reveals that, although public law has not engaged with this phenomenon, states respond to the assertion of sovereignty by micronations in both benign and violent ways.
Hobbs, H & Williams, G 2021, 'The demise of the ‘second largest country in Australia’: micronations and Australian exceptionalism', Australian Journal of Political Science, vol. 56, no. 2, pp. 206-223.
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Hobbs, H & Young, S 2021, 'Modern treaty making and the limits of the law', University of Toronto Law Journal, vol. 71, no. 2, pp. 234-273.
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In recent years, several Australian states have formally committed to treaty negotiations with the First Peoples whose traditional lands they claim. The emerging treaty processes in Australia build on both the comprehensive land claim agreements currently under negotiation in Canada as well as the historic treaties struck between First Peoples and colonial powers in North America and Aotearoa / New Zealand. Parties engaged in these negotiations appropriately view treaties as mechanisms through which First Peoples and non-Indigenous political communities can settle ongoing tensions surrounding political autonomy, citizenship, and pluralism. However, it is not clear whether these processes can produce such outcomes. In this article, we contend that, although fairer processes of negotiation may avoid some of the problems of historic treaties, modern treaty making in Canada, Australia, and elsewhere will fail to meet the parties’ aspirations unless greater attention is paid to building relational characteristics. We do so by outlining the promises and perils in modern treaty making with an eye toward understanding the limits of the law.
Hohmann, JM 2021, 'A Right to Housing for the Victorian Charter of Human Rights and Responsibilities? Assessing Potential Models under the International Covenant on Economic, Social and Cultural Rights; the European Social Charter; and the South African Constitution', Monash University Law Review (2022), vol. 48.
Karpin, I & Mykitiuk, R 2021, 'Reimagining disability: the screening of donor gametes and embryos in IVF', Journal of Law and the Biosciences, vol. 8, no. 2, p. lsaa067.
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ABSTRACT In this article, we examine how disability is figured in the imaginaries that are given shape by the reproductive projects and parental desires facilitated by the bio-medical techniques and practices of assisted reproductive technologies (ARTs) that involve selection and screening for disability. We investigate how some users of ARTs understand and deploy these imaginaries in ways that are both concordant with and resistant to the understanding of disability embedded within the broader sociotechnical and social imaginaries. It is through users’ deliberations, choices, responses, and expectations that we come to understand how these imaginaries are perpetuated and resisted, and how maintaining them is also dependent upon the individual actions and actors who have internalized them. Our examination is grounded in a close analysis of a small selection of interviews drawn from data gathered during a 4-year project funded by the Australian Research Council exploring the Australian experience of cross border reproductive treatment, looking particularly at surrogacy, and gamete and embryo donation. Our interviewees were individuals or couples who used gamete or embryo donation, coupled at times with surrogacy in attempting to have a child. Participants discussed their views on testing, screening, and future disability.
Kaye, M, Booth, T & Wangmann, J 2021, 'Compromised ‘consent’ in Australian Family Law Proceedings', International Journal of Law, Policy and the Family, vol. 35, no. 1.
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Abstract Most people whose relationships breakdown are able to reach agreement about parenting and financial matters outside the Australian family court system. Even for those parties who commence litigation, the emphasis remains on reaching an agreement with the vast majority of matters being resolved by consent orders rather than judicial determination. Reaching agreement in relation to parenting and property matters is stressful, and this stress is exacerbated once legal proceedings have commenced. Drawing on data from a large study that explored the experiences of self-represented litigants (SRLs) in Australian family law proceedings involving allegations about family violence, this article examines the pressures experienced by female SRLs, who are victims of family violence, to consent to orders. These pressures include: judicial pressure, lawyers’ practices, fear of their former partner, and the financial and emotional costs of litigation. These pressures are significant and can impede the extent to which these agreements can be viewed as consensual. Participants reported that these significant and intersecting pressures resulted in them ‘agreeing’ to orders that they saw as unsafe, or financial orders that were less than they were entitled to. Whilst these orders are subject to judicial scrutiny; this study raises questions about the quality and utility of resultant consent orders.
Landrigan, M 2021, 'Parenting Orders for Brethren Families in Australia: The Religious Perspective of Children', Journal of Center for Studies in New Religions, vol. 5, no. 2, pp. 113-134.
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This article draws a distinction between a child’s possible right to freedom of religion under the Convention on the Rights of the Child (CRC) and recognition of a child’s religious beliefs and religious experiences as may be relevant to the child’s best interests under the Australian Family Law Act (FLA). It does so by reviewing some of the key family law jurisprudence relating to the Exclusive Brethren (Brethren) in Australia. It is proposed that, despite the incorporation of the CRC in the FLA, the FLA does not confer any rights on a child to freedom of religion. As a result, the Family Court of Australia may consider a child’s religious beliefs as these are relevant to the child’s best interests under the FLA, but the Family Court cannot rely on the child having any religious rights per se under the FLA
Leary, D, Hu, N-TA & Wu, P-F 2021, 'Gilt Dragons, porcelain and plundered doubloons: A comparative analysis of Taiwan and Australian underwater cultural heritage protection laws', Marine Policy, vol. 134, pp. 104787-104787.
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Lee, K & Molitorisz, S 2021, 'The Australian News Media Bargaining Code: lessons for the UK, EU and beyond', Journal of Media Law, vol. 13, no. 1, pp. 36-53.
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Lee, K & Wilding, D 2021, 'Towards Responsiveness: Consumer and Citizen Engagement in Co-Regulatory Rule-Making in the Australian Communications Sector', Federal Law Review, vol. 49, no. 2, pp. 272-302.
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This article begins the process of evaluating the adequacy of the procedural and substantive requirements that Australian communications regulators (and hence industry bodies) must satisfy before co-regulatory codes of practice can be registered. It considers if the procedural requirements relating to consumer and public consultation, included in the statutory frameworks that authorise and govern co-regulation in the media, online and telecommunications sectors, ensure co-regulatory rule-making is sufficiently responsive to the interests of consumers and citizens. Drawing on publicly available information about seven industry bodies that have drafted codes of practice and round table discussions with industry, consumers and regulators, the article highlights that the current engagement practices of industry bodies often fall short of the ‘democratic credentials’ of responsiveness. It suggests that the code registration criteria relating to consumer and public consultation must be overhauled if these weaknesses are to be rectified.
Lenta, P 2021, 'Forgiving and Forbearing Punishment', International Journal of Applied Philosophy, vol. 34, no. 2, pp. 201-214.
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Most philosophers who have expressed a view about whether forgiveness is compatible with forgivers’ continuing to punish, or support the punishment of, people who have wronged them hold that forgiveness is compatible with punishing or favouring punishment of wrongdoers. I argue that whether forgiveness entails forbearing punishment depends on which of two senses of forgiveness is operative. On the first, sentiment-based sense of forgiveness as consisting essentially in a change of heart on the part of a victim, a victim can, I submit, forgive while continuing to punish or to support the punishment of a person who has wronged her. On the second sense of forgiveness as consisting in debt remission whether or not accompanied by a change of heart, the state’s remission of the entirety of criminal offenders’ punishment qualifies as forgiveness and, moreover, the state could not forgive offenders in this sense while continuing to punish them.
Lingard, K, Stoianoff, NP, Wright, E & Wright, S 2021, 'Are We There Yet? A Review of Proposed Aboriginal Cultural Heritage Laws in New South Wales, Australia', International Journal of Cultural Property, vol. 28, no. 1, pp. 107-135.
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AbstractThis article examines the extent to which a recent law reform initiative in New South Wales (NSW), Australia—the draft Aboriginal Cultural Heritage Bill 2018 (NSW)—advances the general principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The examination reveals some improvements on the current legal framework and some concerning proposals that distance the NSW government from the UNDRIP principles. Key concerns include a proposed transfer of administrative responsibility to Aboriginal bodies with no corresponding guarantee of funding; the continued vesting of key decision-making powers in government; inept provisions for the protection of secret knowledge; and lower penalties for harming cultural heritage than for related offences in existing environmental and planning legislation. Given the bill’s weaknesses, the article explores pragmatic alternatives to better advance the UNDRIP principles.
Molitorisz, S 2021, '2020', Surveillance & Society, vol. 19, no. 4, pp. 480-488.
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In this imagined future, a jaded and anxious history teacher takes her fourteen-year-old students on a virtual visit back to 2020. Along the way, 1984 keeps surfacing. The references are both explicit and implicit: the protagonist’s name is Win and her off-stage other half is Julia; the first and last lines are a play on Orwell’s oft-cited opening sentence; and Ari is a fan of David Bowie’s 1984-themed Diamond Dogs album. But whereas Orwell (and Bowie) saw a dystopian future devoid of privacy, Win, Ari, and Jay inhabit a world where Orwell’s vision isn’t an imagined future but a nightmarish past. As a result, however, they have to struggle with issues of trust and vulnerability.
Molitorisz, S, Meese, J & Hagedorn, J 2021, 'From Shadow Profiles to Contact Tracing: Qualitative Research into Consent and Privacy', Law, Technology and Humans, vol. 3, no. 2, pp. 46-60.
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For many privacy scholars, consent is on life support, if not dead. In July 2020, we held six focus groups in Australia to test this claim by gauging attitudes to consent and privacy, with a spotlight on smartphones. These focus groups included discussion of four case studies: ‘shadow profiles’, eavesdropping by companies on smartphone users, non-consensual government surveillance of its citizens and contact tracing apps developed to combat COVID-19. Our participants expressed concerns about these practices and said they valued individual consent and saw it as a key element of privacy protection. However, they saw the limits of individual consent, saying that the law and the design of digital services also have key roles to play. Building on these findings, we argue for a blend of good law, good design and an appreciation that individual consent is still valued and must be fixed rather than discarded - ideally in ways that are also collective. In other words, consent is dead; long live consent.
Nicholls, R 2021, 'MERGER MOVEMENTS: INTERNATIONAL CO-ORDINATION OF MERGER CLEARANCE POLICY', AUSTRALIAN BUSINESS LAW REVIEW, vol. 49, no. 2, pp. 145-148.
Nicholls, R 2021, 'Regtech as an antitrust enforcement tool', Journal of Antitrust Enforcement, vol. 9, no. 1, pp. 135-151.
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Abstract Financial technology (Fintech) has been applied to business models in the financial services sector. Associated with this has been the rise of regulatory technology (Regtech) in that sector. However, the major application of Regtech in financial services is as a tool for regulatory compliance, rather than for regulatory enforcement. This article explores an approach to applying Regtech techniques to antitrust enforcement. It does this by applying those techniques to the detection of resale price maintenance (vertical price fixing). The exploration is limited to pricing on e-commerce platforms such as AliExpress, eBay, and Amazon Marketplace. The Regtech application is effected by presenting the literature and cases on resale price maintenance and the application of the law in Australia, the US, and the EU. The article examines the application of machine learning in the Regtech environment and the ways in which application programming interfaces could be used. The article proposes approaches to machine learning solutions for the detection of potentially infringing resale price maintenance conduct. It also presents the basis of an algorithm for detecting that conduct.
Pepper, R & Hobbs, H 2021, 'THE ENVIRONMENT IS ALL RIGHTS: HUMAN RIGHTS, CONSTITUTIONAL RIGHTS AND ENVIRONMENTAL RIGHTS', Melbourne University Law Review, vol. 44, no. 2, pp. 634-678.
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The relationship between human rights and environmental rights is increasingly recognised in international and comparative law. This article explores that connection by examining the international environmental rights regime and the approaches taken at a domestic level in various countries to constitutionalising environmental protection. It compares these approaches to that in Australia. It finds that Australian law compares poorly to elsewhere. No express constitutional provision imposing obligations on government to protect the environment or empowering litigants to compel state action exists, and the potential for drawing further constitutional implications appears distant. As the climate emergency escalates, renewed focus on the link between environmental harm and human harm is required, and law and policymakers in Australia are encouraged to build on existing law in developing broader environmental rights protection.
Priest, N, Alam, O, Truong, M, Sharples, R, Nelson, J, Dunn, K, Francis, KL, Paradies, Y & Kavanagh, A 2021, 'Promoting proactive bystander responses to racism and racial discrimination in primary schools: a mixed methods evaluation of the ‘Speak Out Against Racism’ program pilot', BMC Public Health, vol. 21, no. 1, p. 1434.
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Abstract Background Racism and racial discrimination are fundamental causes and determinants of health and health inequalities globally, with children and adolescents particularly vulnerable. Racial discrimination is a common stressor in the lives of many children and adolescents, with growing evidence of negative associations between racial discrimination and multiple domains of child and adolescent health. Addressing racism and racial discrimination must be core public health priorities, even more so among children and young people. Schools are key settings in the lives of children and adolescents and become increasingly more important to identity formation. School communities, teachers and peers greatly influence children and adolescents’ beliefs about race and difference. Schools are therefore key sites for the delivery of population-based programs to reduce racism and promote proactive bystander behaviour and healthy resistance to racism among all children and adolescents as well as among the adults. Methods This study examines the feasibility and acceptability of the ‘Speak Out Against Racism (SOAR)’ program, a whole of school, multi-level, multi-strategy program that aimed to promote effective bystander responses to racism and racial discrimination in primary schools. A mixed-methods, quasi-experimental design was used. Students in Years 5 and 6 (10–12 years) across six schools completed surveys pre- and post- intervention (N = 645; 52% female; 6% Indigenous, 10% Middle Eastern, African, Latinx or Pacific Islander, 21% Asian, 52% Anglo/European). Focus groups with students and interviews with staff collected qualitative data about their experiences of the program and their views ab...
Rawling, M, Kaine, S, Josserand, E & Boersma, M 2021, 'Multi-Stakeholder Frameworks for Rectification of Non-Compliance in Cleaning Supply Chains: The Case of the Cleaning Accountability Framework', Federal Law Review, vol. 49, no. 3, pp. 438-464.
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There is now an expanding body of literature on the significant problem of business non-compliance with minimum labour standards including ‘wage theft’. Extended liability regulation beyond the direct employer is seen as one solution to this non-compliance in fragmented but hierarchically organised industries—such as the cleaning industry. This article uses empirical evidence to assess the effectiveness of one such regulatory scheme, the Cleaning Accountability Framework (CAF), in addressing non-compliance with minimum labour standards (including provisions of the Fair Work Act 2009 (Cth) and the Cleaning Services Award 2020). We find that CAF has been successful in identifying and rectifying certain non-compliance, improving working conditions for some cleaners involved in the scheme. We synthesise the key success factors of CAF in view of envisioning the adoption of such co-regulation frameworks in other industries. We also propose legal reforms that will support change across the cleaning industry.
Riley Munton, J 2021, 'Executive Employment Grievances Brought under the Fair Work Act: A New Challenge to Orthodox Contract Law', Journal of Contract Law, vol. 37, no. 1, pp. 105-121.
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A provision in the Fair Work Act 2009 (Cth) has become a common feature of litigation between senior managerial staff and their employers when executive employment contracts have been terminated. The ‘general protection’ against adverse action taken because an employee has made a complaint or inquiry ‘in relation to his or her employment’ has been used to seek remedies (such as reinstatement and penalties) which would be remarkable if pursued for a breach of the employment contract itself. A number of recent cases demonstrate the potency of this statutory provision to disrupt those orthodox principles of employment contract law that we might otherwise have assumed must apply in the case of high income earners who are excluded from many other protections in the Fair Work Act.
Robinson, C 2021, 'Regulation of Insolvency Practitioners in a Pandemic', Insolvency Law Journal, vol. 28, no. 4, pp. 1-24.
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The COVID-19 pandemic has demanded greater attention be paid to the regulatory agenda and recalibration in enforcement approaches to reduce regulatory burden. This is imperative for regulators and insolvency practitioners in preparedness for current and emerging harms to vulnerable consumers, and the anticipated increased number of insolvencies following the removal of interim government measures. This article presents the first post-reform review of the application of enforcement tools in the discipline of insolvency practitioners from a study of publicly available information. It identifies significant gaps and inconsistencies in the reporting of enforcement statistics, as well as elements of good practice and innovative regulatory approaches. It concludes that improved collaboration and strengths-based regulation, and transparency in enforcement action, should be the “new normal” in insolvency practitioner regulation. Timely provision of outputs andoutcomes by regulators is necessary to glean important lessons from the regulatory responses during this time of crisis.
Rock, E 2021, 'Superimposing private duties on the exercise of public powers: Sharma v Minister for the Environment', AUSPUBLAW.
Sharif, MZ, Truong, M, Alam, O, Dunn, K, Nelson, J, Kavanagh, A, Paradies, Y & Priest, N 2021, 'The association between experiences of religious discrimination, social-emotional and sleep outcomes among youth in Australia', SSM - Population Health, vol. 15, pp. 100883-100883.
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Background: Religious-based hate crimes are on the rise worldwide. However, the relationship of religious discrimination on health and well-being, especially earlier on the lifecourse, is largely understudied. This study examines the prevalence of religious discrimination and the relationship it has on social-emotional adjustment and sleep outcomes among a diverse sample of students in Australia. Methods: Data came from Speak Out Against Racism, a population-representative cross-sectional study of 4664 public school students in grades 5–9 in Australia in 2017. An adaption of the Adolescent Discrimination Distress Index (ADDI), was used to derive four measures of religious discrimination (peer, school, societal and the sum of those as a “total” score). The Strengths and Difficulties Questionnaire measured the total difficulties, conduct, emotional, and prosocial behavior subscales. Measures of sleep outcomes included duration, latency, and disruption. Results: 27 % (95 % CI 22.82, 31.12) of students reported experiences of direct total religious discrimination with higher levels being reported by students identifying as a religious minority. There was strong evidence that experiences of religious discrimination (across all four sources) was related to all measures of socioemotional adjustment and sleep outcomes. Discussion: Religious discrimination is an understudied form of social disadvantage that has implications for adolescents’ development, health and well-being. Conclusion: More programs, particularly in the school-context, address religious-based discrimination may reduce inequities in health.
Simmons, F & Wong, G 2021, 'Learning from Lived Experience: Australia’s Legal Response to Forced Marriage', University of New South Wales Law Journal, vol. 44, no. 4, pp. 1621-1664.
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Since the criminalisation of forced marriage in Australia in 2013, the number of cases reported to Australian authorities has risen sharply. This article draws on a qualitative study with eight survivors of forced marriage in Australia to explore survivors understanding of the legal concepts of forced marriage and family violence; experiences of coercion and control in the lead up to, and within, a forced marriage; the obstacles survivors encountered when they sought help; their reflections on justice and the limitations of legal responses to forced marriage; and how survivors can shape law and policy reform. The findings of this study underline the need to reframe Australia’s response to forced marriage to address the complex processes of coercion and control which lead to forced marriage and to create meaningful opportunities for survivors to shape the design, implementation and evaluation of legal and policy responses to forced marriage.
Somes, T & Webb, E 2021, 'What role for caveats in protecting an older person’s interests under a failed family accommodation arrangement?', Australian Property Law Journal, vol. 29, no. 3, pp. 352-368.
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This article considers law and policy considerations that determine when (or if) a caveat can be lodged by a parent in the event of a failed family accommodation arrangement (FAA) involving real property. Central to the discussion is whether the grounds for relief argued by the parent give rise to a proprietary interest, or a mere equity. This distinction is critical in determining whether the parent can lodge a caveat to prevent dealings affecting a disputed property. The article examines the legal position of the parent and argues that, in light of the inherent legal vulnerabilities affecting such agreements between parents and their adult children, the law must be clarified to ensure that the parent can protect any potential interest they may have in a disputed property.
Stewart, A, McCrystal, S, Munton, J, Hardy, T & Orifici, A 2021, 'The (Omni)bus that Broke Down: Changes to Casual Employment and the Remnants of the Coalition's Industrial Relations Agenda', Australian Journal of Labour Law, vol. 34, no. 3, pp. 1-38.
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The Morrison Government saw the COVID-19 crisis as an opportunity to
reset the debate over Australia’s industrial relations system. Its ‘Omnibus Bill’
was the product of an unusually constructive process of dialogue with the
labour movement. Yet the reforms it proposed to the Fair Work regime largely
reflected both its own and employer groups’ previous concerns. Having
abandoned tripartism, it encountered familiar resistance in the Senate. After
a chaotic debate, the version which passed as the Fair Work Amendment
(Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) dealt
only with the topic of casual employment. We examine the changes made on
this important issue, which have replaced one set of problems with another.
We also outline the proposals (including on award flexibilities, enterprise
agreements, and compliance and enforcement) jettisoned by the government
from the original Bill, some of which could easily have been enacted. We
assess where all this leaves the Liberal/National Coalition’s reform agenda
and lament what we see as a missed opportunity to address pressing
problems in the labour market.
Stoianoff, NP 2021, 'Research methodologies and methods to effect change in law and social systems', Journal of Behavioural Economics and Social Systems, vol. 3, no. 1, pp. 19-32.
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Intellectual property expert Prof Natalie Stoianoff demonstrates the value of the Delphi Method and Second Track processes in developing laws and regulations that aim to achieve social change. One of her case studies deals with environmental tax and climate policy reform, while another shows how Indigenous legal systems can be integrated within the framework of Australian common law.
Stuhmcke, A 2021, 'Reflections on autonomy in travel for cross border reproductive care', Monash Bioethics Review, vol. 39, no. 1, pp. 1-27.
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Travel for reproductive health care has become a widespread global phenomenon. Within the field, the decision to travel to seek third parties to assist with reproduction is widely assumed to be autonomous. However there has been scant research exploring the application of the principle of autonomy to the experience of the cross-border traveller. Seeking to contribute to the growing, but still small, body of sociological bioethics research, this paper maps the application of the ethical principle of autonomy to the lived experience of infertile individuals who cross borders for reproductive care. It examines their choices as patient, consumer and traveller. It suggests that their experience evidences a contradictory autonomy, which offers them both choice and no choice in their final decision to travel. The paper argues that this lack of meaningful autonomy is enabled by a medicalised framework of infertility which prioritises technology as the cure to infertility. This both shapes expectations of infertile individuals and limits their options of family creation. Ultimately, the paper suggests that sociological bioethics research shows that the liberatory credentials of technology should be questioned, and identifies that this field demands greater scholarly attention.
Stuhmcke, A 2021, 'Reframing the Australian Medico-Legal Model of Infertility', Journal of Bioethical Inquiry, vol. 18, no. 2, pp. 305-317.
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Thomson, M 2021, 'A capabilities approach to best interests assessments', Legal Studies, vol. 41, no. 2, pp. 276-293.
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AbstractIt is an accepted principle of domestic and international law and policy that the welfare or best interests of the child must be the primary or paramount consideration in any decision made with regard to that child's upbringing. While this ‘best interests standard’ has become a core principle of welfare law, what might constitute a child or young person's best interests is given very little formal shape or content. This has provoked sustained criticism from practitioners, academics and the judiciary. In response, this paper argues that the capabilities approach can give best interests assessments much needed normative content, thereby addressing many of the criticisms directed towards the standard. The approach provides a theoretically nuanced framework for theorising about basic social justice and for evaluation, deliberation, and policy development across social welfare sectors. In arguing for a capabilities approach to best interests assessments, the paper sets out an agenda for change. It addresses the conceptual and methodological justifications for this change, and explores the empirical work that would be required. It identifies the steps and underlying principles necessary for a best interests process aligned with the capabilities approach, providing the necessary foundations for a radical reconceptualisation of best interests processes.
Vijeyarasa, R 2021, 'Gender equality in Australia: looking for the silver bullets in the short and long term', Australian Journal of Human Rights, vol. 27, no. 1, pp. 170-177.
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With the goal of gender equality far from reached in Australia, many are looking for alternative solutions to address gendered disparities between men and women. Along with more equal representation in politics, Australia needs leaders who lead with women in mind. This nation also needs legislators who are willing to step away from neutrality and use the law to help transform decades of discrimination against women. Leadership decisions about law and policy reform need to be based on data, requiring disaggregation along, first, gender lines, but also race and income, allowing a leader to be more conscious of the implications of their decisions on the lives of the people they lead.
Vijeyarasa, R 2021, 'Quantifying CEDAW: Concrete tools for enhancing accountability for women’s human rights', Harvard Human Rights Journal, vol. 34, pp. 37-80.
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The Convention on the Elimination of all Forms of Discrmination against Women (“CEDAW”) is the most important binding international treaty for women. The only international human rights treaty with the principal goal of protecting and promoting women’s rights and eliminating discrimination against women, it has achieved almost universal ratification. Despite this importance, it has been overshadowed by the sheer number of global indices designed to measure progress on gender equality that have emerged in the last two decades, particularly those promoted by the development sector. This Article is premised on the idea that attempts to quantify success in moving towards the goal of gender equality would be both more effective and meaningful if grounded in the women’s rights standards established in CEDAW, an approach that is rarely adopted. This Article argues in favor of the “quantification” of CEDAW and offers practical ways, using the Gender Legislative Index, to demonstrate the feasibility of an index founded in international women’s rights norms, in order to improve accountability for embedding women’s rights in domestic legislation. In order to do this, this study first discusses the shortcomings of newer systems of quantification; second, it identifies how CEDAW, a living instrument that speaks to multiple forms of discrimination, better allows for systematic, comprehensive and universal monitoring of women’s rights; and finally, it offers the Gender Legislative Index (“GLI”) as an example of a legal index grounded in CEDAW. This Article gives readers a sense of the potential of such a CEDAWbased index to work concurrently with development sector indices in order to accelerate and cement progress on gender equality.
Vijeyarasa, R 2021, 'Women’s movements under women presidents: bringing a gender perspective to the legal system', Gender & Development, vol. 29, no. 2-3, pp. 569-591.
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Vogl, A, Fleay, C, Loughnan, C, Murray, P & Dehm, S 2021, 'COVID-19 and the relentless harms of Australia’s punitive immigration detention regime', Crime, Media, Culture: An International Journal, vol. 17, no. 1, pp. 43-51.
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Calls for the urgent release of people seeking asylum, refugees and other non-citizens held in immigration detention centres began as soon as the magnitude and reach of the global health crisis associated with COVID-19 became clear. Public health organisations quickly identified detention centres, as sites of mandatory and often overcrowded social confinement, as extremely high risk places for both infection and onward transmission of COVID-19.
In Australia, before the end of March 2020, over 1180 health care professionals and epidemiologists called for the Government to release people from immigration detention, flatly stating that, ‘[f]ailure to take action to release people seeking asylum and refugees from detention will . . . put them at greater risk of infection (and possibly death)’ (SBS News, 2020).
Similar statements were made by the Australasian Society for Infectious Diseases, the Australian College of Infection Prevention and Control (Davis and Russo, 2020) and over 1100 Australian and international academics in an open letter to the Australian Government initiated by Academics for Refugees (Academics for Refugees, 2020). Common to all expert advice were warnings that a failure to take action would not only endanger the health and lives of those in detention, but would inevitably put the broader community at risk, since detention centres are porous locations with staff and other personnel frequently moving in and out of them.
Despite the Australian Government’s willingness to follow the advice of public health experts in relation to the broader community, it has not heeded expert recommendations regarding this group of people. There is a consistent refusal to include refugees, people seeking asylum and other non-citizens in the urgent, national public health response to the pandemic. The Government’s response to refugees and ‘irregular migrants’ continues to be primarily framed by questions of national security, criminality and border policing/contr...
Wardell, A 2021, 'A cautionary tale for Trustees in Bankruptcy', ARITA Journal, vol. 33, no. 3, pp. 38-39.
Wilding, D 2021, 'Regulating News and Disinformation on Digital Platforms', Journal of Telecommunications and the Digital Economy, vol. 9, no. 2, pp. 11-46.
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In February 2021 two initiatives for regulating digital platforms in Australia were implemented. The News Media Bargaining Code (“News Code”) attracted international attention as a legislative means of forcing platforms to pay for news content, while the Australian Voluntary Disinformation and Misinformation Code (“Disinformation Code”) was modelled on an international initiative. Both were developed to meet Government policy formulated in response to Australia’s Digital Platforms Inquiry. Whereas the Inquiry recommended the use of co-regulation, Government policy switched to voluntary codes for both, then to a legislative scheme for the News Code. This article examines the schemes and critiques the policy on which they are based. It applies a conceptual framework to assess the optimum conditions for the use of co-regulation and self-regulation. It finds that a self-regulatory scheme of voluntary codes was never a suitable approach for the News Code, and that the close involvement of the regulator on the Disinformation Code — without a suitable remit or enforcement powers — distorts the self-regulatory model. This can in part be explained by the failure to address well-recognised flaws in the co-regulatory framework for telecommunications and broadcasting, the consequences of which are now being seen in attempts to regulate digital platforms.
Zhang, Y, Wu, M, Tian, GY, Zhang, G & Lu, J 2021, 'Ethics and privacy of artificial intelligence: Understandings from bibliometrics', Knowledge-Based Systems, vol. 222, pp. 106994-106994.
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Artificial intelligence (AI) and its broad applications are disruptively transforming the daily lives of human beings and a discussion of the ethical and privacy issues surrounding AI is a topic of growing interest, not only among academics but also the general public This review identifies the key entities (i.e., leading research institutions and their affiliated countries/regions, core research journals, and communities) that contribute to the research on the ethical and privacy issues in relation to AI and their intersections using co-occurrence analysis. Topic analyses profile the topical landscape of AI ethics using a topical hierarchical tree and the changing interest of society in AI ethics over time through scientific evolutionary pathways. We also paired 15 selected AI techniques with 17 major ethical issues and identify emerging ethical issues from a core set of the most recent articles published in Nature, Science, and Proceedings of the National Science Academy of the United States. These insights bridging the knowledge base of AI techniques and ethical issues in the literature, are of interest to the AI community and audiences in science policy, technology management, and public administration.
Chandler, D, Ahmed, S & Chandler, E 1970, 'The Power of Parallels: Creative Collaborations Across Imagined Worlds', Millennium Conference: (Re)Writing the International, The London School of Economics and Political Science.
Croese, C 1970, 'There in spirit! Encouraging collaboration on shared documents', University of Technology Sydney.
Heino, B 1970, 'The spaces of Australian capitalism: Making “place” out of “space” in The Unknown Industrial Prisoner', Political Geography, Australian International Political Economy Network 11th Workshop, Elsevier BV, Sydney, pp. 102313-102313.
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Johns, F 1970, 'Students’ use of authority in a post-truth world', UNSW Legal Education Research Conference, Zoom.
Robinson, C 1970, 'Australasian Law Academics Association Conference - Early Career Academic Panel Member', Sydney, Australia.
Robinson, C 1970, 'Corporate Law Teachers Association - Annual Conference - Presenter and Co-Chair of Teaching SessionLessons from 2020', University of Sydney.
Vijeyarasa, R 1970, 'International norms and the Asian woman: Applicable or not in the 21st Century?', Asian Society of International Law, Online.
Vogl, A & Methven, E 1970, 'Life in the Shadow Carceral State: Surveillance and Control of Refugees in Australia', Global Borderlands Conference: Getting to the Core of Crimmigration, Leiden, The Netherlands / online.
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ANZSOC Crimmigration and Border Control Thematic Group Panel
Anthony, T, Jordan, K, Walsh, T, Markham, F & Williams, M Centre for Aboriginal Economic Policy Research (CAEPR) 2021, 30 years on: Royal Commission into Aboriginal Deaths in Custody recommendations remain unimplemented, no. Working Paper No. 140/2021, pp. 1-23, Canberra.
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This paper outlines concerns with the 2018 Deloitte Access Economics review of the implementation of the 339 recommendations of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC). Here, we update a statement produced by Jordan et al. in December 2018, which argued that due to its scope and methodology, the Deloitte review had the potential to misrepresent the extent to which the RCIADIC recommendations had been implemented. Drawing on coronial inquest reports, we cite new evidence of the failure of governments to implement key RCIADIC recommendations and the fatal consequences for First Nations lives.We argue that there is a risk that misinformation may influence policy and practice responses to First Nations deaths in custody, and opportunities to address the widespread problems in Indigenous public policy in Australia may be missed. In particular, current approaches too often ignore the principles of self-determination and the realities of laws and policies as experienced by First Nations peoples. We reiterate arguments for the development of national independent monitoring of Indigenous deaths in custody and further work towards the implementation of the recommendations of RCIADIC. We also call on the Australian Government to provide a response to the Australian Law Reform Commission’s 2017 Inquiry on Indigenous Incarceration Rates.
Berg, L Migrant Justice Institue 2021, Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the Migration Amendment (Protecting Migrant Workers) Bill 2021, Sydney.
Chung, P, Mowbray, A & Greenleaf, G Elsevier BV 2021, Open Justice and Free Access to Case Law (A Submission to the NSW Law Reform Commission), SSRN Electronic Journal.
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Chung, P, Mowbray, A & Greenleaf, G Elsevier BV 2021, The Australian Data Strategy and Legal Information (AustLII Submission on the ADS Discussion Paper), Australian Data Strategy, Sydney.
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Farbenblum, B & Berg, L Migrant Justice Institute 2021, Migrant Workers' Access to Justice for Wage Theft: A Global Study of Promising Initiatives, pp. 1-74, Sydney, Australia.
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Systemic wage theft has long been part of the labour migration landscape in every region of the world. Though every jurisdiction has judicial and/or administrative mechanisms to address wage claims, employers in every country can be confident that very few unpaid migrant workers will ever use those mechanisms to recover their wages. This is because the system is stacked against them at every stage in the wage claim process. This situation is not inevitable. This report provides a blueprint for improving government and court wage recovery processes for migrant workers. It draws on analysis of select, promising initiatives from around the world that demonstrate how many of the barriers that impede migrant workers’ access to justice can be overcome. These innovations shift risks and burdens of wage recovery away from workers and onto government and business, and disrupt employer expectations of impunity. The report proposes specific, evidence-based reform targets that can underpin global, national and local advocacy, and support greater coordination among a community of practice working to achieve labour justice for migrant workers.
Hobbs, H National Indigenous Australians Agency 2021, Submission to the National Indigenous Australians Agency First Nations Voice Design Interim Report, National Indigenous Australians Agency.
Methven, E & Vogl, A Parliament of Australia 2021, Submission on the Migration Amendment (Strengthening the Character Test) Bill 2021, Legal and Constitutional Affairs Legislation Committee.
Munton, J, Fleming, J, Harvey, K, Mudaliar, S & Perica, M Australian Institute of Employment Rights 2021, Submission to the Senate Select Committee Inquiry on Job Security, Senate Select Committee Inquiry on Job Security, Port Melbourne.
Munton, J, Stewart, A, McCrystal, S, Hardy, T & Orifici, A Parliament of Australia 2021, Submission to the Senate Education and Employment Legislation Committee Inquiry in the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2020, Canberra.
Rawling, M & Munton, J Faculty of Law UTS 2021, Proposal for Legal Protections of On-Demand Gig Workers in the Road Transport Industry, pp. 1-60, Sydney.
Rock, E Commonwealth Government 2021, Submission to the Commonwealth Attorney-General's Department on the Commonwealth Integrity Commission consultation draft, Australia.
Silink, A Commonwealth Treasury 2021, Submission to the Commonwealth Treasury Inquiry 'Clarifying the Treatment of Trusts in Insolvency', Clarifying the Treatment of Trusts in Insolvency, Canberra ACT.
Vijeyarasa, R Australian Government: Department of the Prime Minister and Cabinet 2021, Review of the Workplace Gender Equality Act: Based on international law and international standards, pp. 1-9, Sydney Australia.
Wilding, D & Kruger, A Digital Industry Group Inc 2021, Discussion Paper on an Australian Voluntary Code of Practice for Disinformation, Australian Voluntary Code of Practice for Disinformation, pp. 1-65, Sydney.
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This Discussion Paper provides background research relevant to the development of avoluntary code of practice for disinformation and is a companion document to the draftAustralian Code of Practice on Disinformation (‘the Code’) being released for publicconsultation. Over time, digital platforms have introduced measures to counterdisinformation and enable the public to make informed decisions in relation to content; theCode provides an opportunity to develop a common set of principles and commitments inrelation to this work by platforms and to build on existing efforts.The development of this Code has been driven by the Digital Industry Group Inc. (DIGI). DIGIis a non-profit industry association that advocates for the interests of the digital industry inAustralia, with Google, Facebook, Twitter and Verizon Media as its founding members. DIGIalso has an associate membership program and our other members include Redbubble,eBay, GoFundMe and Change.org. DIGI’s vision is a thriving Australian digitally enabledeconomy that fosters innovation, a growing selection of digital products and services, andwhere online safety and privacy are protected.DIGI commissioned the Centre for Media Transition (CMT) at University of TechnologySydney to assist with the preparation of the Code and the Discussion Paper. CMT, aninterdisciplinary research centre that investigates key areas of media evolution and digitaltransition, drew on the assistance of First Draft, a global organisation that empowerssocieties with the knowledge, understanding and tools needed to outsmart false andmisleading information.This work is being undertaken as part of DIGI’s response to Government policy as set outin Regulating in the Digital Age: Government Response and Implementation Roadmap for theDigital Platforms Inquiry, developed following the ACCC’s Digital Platforms Inquiry. TheRoadmap states:
Wilding, D, Attard, M & Molitorisz, S Centre for Media Transition UTS 2021, Submission to the Senate Economics Legislation Committee - News Media Bargaining Code, Inquiry into Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020, pp. 1-6, Sydney.
Wilkinson, G, Wright, E, Lindsay, D, Collings, N & Fraser, H UTS 2021, Submission to Department of Home Affairs discussion paper on Strengthening Australia’s cyber security regulations and incentives, Department of Home Affairs discussion paper on Strengthening Australia’s cyber security regulations and incentives, Sydney.
ABC Podcast, TS 2021, 'Australia's Eight Year Hard Border'.
Anthony, T & Cubillo, E 2021, 'NT Laws Reproduce Carceral Politics Governing Aboriginal Children', Arena Printing and Publications Pty. Ltd.
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Carceral politics govern First Nations adults and children in accordance with the state’s colonial ideology of control and containment. Strategies that contribute to excessivecarceralism include hyper-policing, disproportionate denial of bail and harsh sentencing of First Nations people. This has fatal consequences, including for First Nations children.
Anthony, T, Lachsz, A & Waight, N 2021, 'The role of 're-storying' in addressing over-incarceration of Aboriginal and Torres Strait Islander peoples.', The Conversation.
Anthony, T, Webb, R, Sherwood, J, Blagg, H & Deckert, A 2021, 'In Defence of Decolonisation: a response to Southern Criminology', British Society of Criminology.
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Mohwak scholar Taiaiake Alfred has remarked that in settler colonies, reconciliation is another form of re-colonisation. The “reconciliation of Indigenous people to colonialism”, in Alfred’s words, do not challenge structures of power that deny First Nations people substantive rights. We draw on Alfred’s observations to highlight the agenda of Southern Criminology. This increasingly influential school while seeking to engage epistemologies of the South reinscribes colonial relations of power, including colonial hierarchies of knowledge. It does so by uncritically bringing together the North and the South through a working partnership in criminology.Our blog represents a defence of decolonising frameworks. We contend that challenging colonial legacies in criminology is crucial for building more inclusive ideas and praxes.
Berg, L & Farbenblum, B 2021, 'Ending impunity for Wage Theft against Migrant Workers: Here’s How', Institute for Human Rights and Business Blog, pp. 1-1.
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Wage theft has long been part of the labour migration landscape in every region of the world. A new report by the Migrant Justice Institute, demonstrates that this situation is not inevitable.
Biber, K 2021, 'Book forum: Free Hands and Minds', Australian Public Law.
Biber, K, Luker, T & Vaughan, P 2021, 'Law's Documents', Routledge.
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Illuminating their breadth and diversity, this book presents a comprehensive and multidisciplinary view of legal documents and their manifold forms, uses, materialities and meanings. In 1951, Suzanne Briet, a librarian at the Bibliotheque Nationale in Paris, famously said that an antelope in a zoo could be a document, thereby radically changing the way documents were analysed and understood. In the fifty years since this pronouncement, the digital age has introduced a potentially limitless range of digital and technological forms for the capture and storage of information. In their multiplicity and their ubiquity, documents pervade our everyday life. However, the material, intellectual, aesthetic and political dimensions and effects of documents remain difficult to pin down. Taking a multidisciplinary and international approach, this collection tackles the question, what is a legal document?, in order to explore the material, aesthetic and intellectual attributes of legal documentation; the political and colonial orders reflected and embedded in documents; and the legal, archival and social systems which order and utilise information. As well as scholars in law, documentary theory, history, Indigenous studies, art history and design theory and practice, this book will also appeal to those working in libraries, archives, galleries and museums, for whom the ongoing challenges of documentation in the digital age are urgent and timely questions.
Billington, L 2021, 'Submission to the Indigenous Voice Co-Design Process'.
Bowley, R & Bailey, J 2021, 'Guidance on managing overlapping regulatory proceedings: ASIC v Helou [2019] FCA 1634', Lexis Nexis.
Crofts, P 2021, 'The rhetoric and reality of criminal responsibility', Edward Elgar Publishing, pp. 57-61.
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Dehm, S & Loughnan, C 2021, 'Scores of medevac refugees have been released from detention. Their freedom, though, remains tenuous', The Conversation.
Dehm, S & Loughnan, C 2021, 'Why a 'vaccine passport' could further disadvantage refugees and asylum seekers', SBS News.
Goldblatt, B 2021, 'Basic Income, Gender and Human Rights: reinforcing inequalities or transformative action?'.
Goldblatt, B & Steele, L 2021, ''Menstrual Law’s Objects: Exploring the Role of Period Products in Justice, Equality and Embodiment'. Columbia Journal of Gender and Law Virtual Symposium: Are You There Law? It’s Me, Menstruation (online)'.
Greenman, K, Orford, A, Saunders Anna, Tzouvala, N, Alexander, A, Knox, R, Duxbury, A, Taha, M, Newton, S, Taylor, O, Kritsiotis, D, Scarfi, JP, Veçoso, FFC, Miles, K, Davitti, D, Leiter, A & Whyte, J 2021, 'Revolutions in International Law', Cambridge University Press.
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In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.
Grey, A 2021, 'Bringing linguistic research into legal scholarship and practice’'.
Grey, A 2021, 'Ideologies of English in Asia'.
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Grey, A 2021, 'The plan to strengthen Indigenous languages', UTS.
Grey, A & Baioud, G 2021, 'Education Reforms Aim to Mold Model Citizens from Preschool in the PRC', China Brief 21(17) ; The Jamestown Foundation: Washington.
Grossi, R 2021, 'Love: A New Understanding of an Ancient Emotion by Simon May (2019)', Bristol University Press, pp. 295-297.
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Heino, B 2021, 'Geographies Of Space And Place In The Unknown Industrial Prisoner', Progress in Political Economy.
Heino, B 2021, 'Radical And Literary Geographies', Progress in Political Economy.
Hobbs, H 2021, 'Redefining Citizenship in Australia, Canada, and Aotearoa New Zealand', Informa UK Limited, pp. 126-127.
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Hobbs, H, Whittaker, A & Coombes, L 2021, 'Sovereign, Relational, Ready: Treaty Making Two Hundred and Fifty Years Later'.
Hohmann, J 2021, 'Research handbook on economic, social and cultural rights as human rights', Informa UK Limited, pp. 185-187.
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Kaye, M 2021, 'Submission to Attorney General's Department Consultation on A New Decision-Making Framework for Property Matters in Family Law'.
Mowbray, A, Chung, P & Greenleaf, G 2021, 'Representing legislative Rules as Code: Reducing the problems of ‘scaling up’', SSRN Electronic Journal.
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Munton, J 2021, 'If I catch COVID-19 at work what are my rights? A law expert explains', The Conversation.
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Legal explainer about the workers' compensation rights of employees who catch COVID at work
Munton, J 2021, 'Think again if you plan to fight employers’ vax rules’', The Sydney Morning Herald, pp. 20-20.
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Opinion based on legal research of a new FWC case
O'Connell, K & Elphick, L 2021, 'No, Prime Minister, sexual assault allegations are not only a matter for police', The Guardian.
Rawling, M & Munton, J 2021, 'Tough gig: urgent regulation of on-demand work economy needed', Sydney Morning Herald.
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online article in SMH
Riley, B, Vogl, A, Stratigos, A & Carter, D 2021, 'An Introduction to HIV and Migration Law'.
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Clinicians are often asked to support migration claims for their patients living with HIV, but what does the migration process actually look like? How does support from clinicians interact with migration law? How does HIV fit into the broader context of Australian migration? What are the barriers to a more equitable migration system? Join the Australasian Society for HIV, Viral Hepatitis and Sexual Health Medicine (ASHM), the HIV/AIDS Legal Centre (HALC) and the University of Technology Sydney (UTS) Faculty of Law, to learn more about the complexities of HIV and migration law in Australia. HALC Principal Solicitor Alexandra Stratigos and UTS Law’s Dr Anthea Vogl present an overview of migration law in Australia, the migration process for someone living with HIV, and how clinicians can support better migration outcomes for their patients. The forum, recorded in August 2021, offers clinicians and the broader HIV sector the opportunity to ask some of Australia’s top experts in migration law more about migration and HIV in Australia.
Robinson, C 2021, 'PhD Researcher Profile Seminar (Invited Speaker)'.
Robinson, C 2021, 'UTS Learning and Teaching Forum - Presentation: Encouraging Student Engagement with Feedback'.
Robinson, C 2021, 'Women at AFSA (Invited Speaker)'.
Vijeyarasa, R 2021, 'Can law be re-written with women in mind?', Women's Leadership Institute Australia Newsletter.
Vijeyarasa, R 2021, 'Gender responsive legislation: Equal Opportunity Act', BroadAgenda.
Vijeyarasa, R 2021, 'International Women’s Rights Law and Gender Equality', Routledge, UK.
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The law is a well-known tool in fighting gender inequality, but which laws actually advance women’s rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world’s leading experts on gender equality.
Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law’s potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective – gender-based violence, women’s reproductive health, labour and gender equality quotas – while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women’s rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women.
Written for students, academics, legislators and policymakers engaged in international women’s rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.
Vijeyarasa, R 2021, 'Show me the numbers! Disaggregated gender data', Broad Agenda.
Vijeyarasa, R 2021, 'The silver bullet! Gender-responsive legislation', BroadAgenda.
Vijeyarasa, R 2021, 'The silver bullet! Gender-responsive Legislation', BroadAgenda.
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The goal of gender equality is far from reached in Australia, so what next? In this timely and excellent 3-part series exclusive to BroadAgenda Ramona Vijeyarasa, the lead scholar behind the Gender Legislative Index, examines the potential for gender-responsive legislation to correct the discrimination and inequality facing women. As Prof Vijeyarasa highlights, too often Australian law does not respond to key differences in the needs of men and women. As a result, gender discrimination is in fact frequently embedded in the law, or the law fails to correct it.
Vogl, A 2021, 'Home Affairs won't tell us how many people in immigration detention are vaccinated', SBS News.
Vogl, A 2021, 'How many people in immigration detention have been vaccinated? Home Affairs won’t tell us', The Conversation.
Walsh, M 2021, 'Review(s) of: Everything you need to know about the Uluru Statement from the Heart, by Megan Davis and George Williams, UNSW Press, 2021, 240 pages, $27.99 (paperback).', pp. 246-246.
Watson, N & Broderick, T 2021, 'Dempsey v Rigg [1914] St R Qd 245', Routledge, pp. 189-205.
Wilding, D 2021, 'Why Are Google and Facebook Now Okay with Australia’s News Media Bargaining Code?', George J. Stigler Center for the Study of the Economy and the State.
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Assessment of the News Media Bargaining Code, including the effects on diversity.
