ORCID Profile
0000-0002-1801-713X
Current Organisation
Murdoch University
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In Research Link Australia (RLA), "Research Topics" refer to ANZSRC FOR and SEO codes. These topics are either sourced from ANZSRC FOR and SEO codes listed in researchers' related grants or generated by a large language model (LLM) based on their publications.
Law | Intellectual Property | Clinical Pharmacology And Therapeutics | Public Policy | Labour Law
Understanding legal processes | Technological and organisational innovation | Employment | Health policy economic outcomes |
Publisher: Informa UK Limited
Date: 2012
Publisher: Edward Elgar Publishing
Date: 12-2016
Publisher: Queensland University of Technology
Date: 20-09-2022
DOI: 10.5204/LTHJ.2342
Abstract: There are challenges to teaching law and legal theory to law students in the new millennium. It is a digital world, and the assumptions and foundations of the law do not mesh well with the shifts in identities and communities that are now in evidence. The idea of our universe being a simulation can be used as a metaphor to engage with digital natives about the fundamental uncertainty in the relationship between the law and the in idual. The law and the legal theories of even the twentieth century do not suit the fluidity of today’s youth. Considering the metaphor of a simulated reality offers a ‘hook’ for conversations around ‘proper conduct’ across multiple communities of identity. It is not Truth, as it all may be simulated instead, the necessary uncertainty around the possibility allows challenges and acceptances without the need for harsh Enlightenment.
Publisher: Cambridge University Press (CUP)
Date: 04-2018
DOI: 10.1017/CLS.2018.1
Abstract: Understandings of the public interest underpin many law reform processes. The public interest is not a fully definable term and so reform bodies have to engage with a range of articulations of that interest. The negotiation of the different articulations, however, has not been explored empirically before. This article reports on a study of the claims to the public interest in a public Australian inquiry into potential abuses of the patent system by pharmaceutical companies. More specifically, submissions to the Pharmaceutical Patents Review are analysed and the results show “oligopolistic” tensions between competing views of the public interest—and with these views claiming primacy over more technical understandings of the issues. This lack of a single “public interest” allows dominant players to frame the debate to reflect their interests and the tension between these players means that the debate, and the underlying problem, has not been subject to a resolution.
Publisher: Edward Elgar Publishing
Date: 2015
Publisher: Open Library of the Humanities
Date: 2019
DOI: 10.16995/OLH.465
Publisher: SAGE Publications
Date: 09-06-2011
Abstract: Patents are seen as a key part of the modern economy and operate as a mode of regulation of technology and innovation. The histories of the system, to date, have not explored the role that patents have in the governance of our society. This article suggests that the historical methods of Michel Foucault are broad enough to undertake this task. The article, then, explores both the archaeological and the genealogical methods in order to assess the benefits, and limitations, that arise from the use of each of them in the context of a history of the laws, and practices, as they relate to patents of invention.
Publisher: Elsevier BV
Date: 2007
DOI: 10.2139/SSRN.984146
Publisher: Informa UK Limited
Date: 02-09-2014
Publisher: SAGE Publications
Date: 04-2008
Abstract: The article combines Foucault's ideas of discursive formations, practices and subjects with qualitative data gained from interviews with working Australian journalists, editors and broadcast producers. This combination of the theoretical and the empirical allows for the exploration of journalism as a discursive formation rather than as simply a set of practices internalized by journalists. Through the examination of the words of the respondents, Foucault's notions of internal, external and neither fully internal nor external discursive controls are given a practical foundation and provide the basis for the assessment of the central Truth of the journalistic discursive formation. This Truth, the set of practices whose absence would render journalism a different discursive formation, is found to be the facilitation of public confession. That is, journalists, if they are to be journalists, must, in the course of their daily lives, allow for, and publish, the `confessions' of their sources.
Publisher: Informa UK Limited
Date: 2009
Publisher: Informa UK Limited
Date: 2005
Publisher: Elsevier BV
Date: 2006
DOI: 10.2139/SSRN.1328656
Publisher: Oxford University Press (OUP)
Date: 17-01-2020
DOI: 10.1093/OJLS/GQZ032
Abstract: ‘Duty’ is a term that is used in several areas of the law—notably the ‘duty of care’ and ‘fiduciary duty’. This article considers the introduction of the term ‘duty’ itself to the law, before it became part of the compound terms. In order to do so, the article surveys a range of sub-disciplines, including trusts, negligence law, defamation and employment law, to identify the earliest uses of the term. To explore the potential motivations for its incorporation, additional material, such as early modern legal and, later, political treatises, is considered. The conclusion is that the introduction of the term, while reactionary, may still be seen in terms of the development of the legal subject in the English common law.
Publisher: Informa UK Limited
Date: 2007
Publisher: Edward Elgar Publishing
Date: 08-2018
Publisher: Informa UK Limited
Date: 09-2009
Publisher: Edward Elgar Publishing
Date: 06-2019
Abstract: Interactive entertainment poses particular regulatory challenges. More specifically, the democratization of technology and creativity has meant that there is no capacity for a governmental agency to effectively regulate the spread, and enjoyment, of allegedly problematic expressions. This article will explore this by contrasting the regulation of non-interactive entertainment (including Dada art and punk music) with more recent forms of (at times) transgressive expression (amateur pornography, video games and fake news). The analysis will be carried out in terms of the different motivations of the range of parties involved in the process (including creators, distributors, consumers and the broader public) and of the different conceptions of the consumer that are implicit in different modes of regulation. The complexity of the interactions means that there is no single regulatory solution the historical exploration of the issue, nonetheless, suggests that interactivity may be no worse for society than the earlier forms of expression that were, at the time, deemed to be a threat to its moral fabric.
Publisher: Oxford University Press (OUP)
Date: 10-2017
DOI: 10.1093/OJLR/RWX049
Publisher: Elsevier BV
Date: 2009
DOI: 10.2139/SSRN.1371925
Publisher: Queensland University of Technology
Date: 07-2020
Abstract: The digital age has posed significant challenges for the governance of society. These challenges stem, in part, from the fact that many of the practices of governance arose in the pre-digital world. Foucault’s notion of ‘governmentality’ is a framework that can take account of the different sets of practices of governance. Comparing current practices with those highlighted by Miller and Rose’s ‘three families’ of governmentality suggests that twenty-first century governance operates as a new, fourth family. This research demonstrates this through an examination of aspects of the law—such as welfare and libel law—that have changed since the nineteenth century, with those changes mapping to the different families. In other words, the manner in which we, as legal subjects, have been constituted has changed, and will continue to change. As such, while specific practices such as fake news are seen to be problematic now, any reactions to them are historically contingent—and so the practices may not be seen to be an issue in a couple of decades time.
Publisher: Wiley
Date: 09-2009
Publisher: Public Library of Science (PLoS)
Date: 05-04-2013
Publisher: Elsevier BV
Date: 2007
DOI: 10.2139/SSRN.1001613
Publisher: Wiley
Date: 03-08-2017
DOI: 10.1111/JOLS.12036
Publisher: Oxford University Press (OUP)
Date: 07-11-2008
DOI: 10.1093/JIPLP/JPN206
Publisher: Cambridge University Press (CUP)
Date: 12-2010
DOI: 10.1177/103530461002100204
Abstract: The allocation of any benefit that arises from worker-generated innovation is complicated by the importance of three separate areas of law — employment law, intellectual property law and equity — and the distinction between those types of innovation that attract intellectual property rights and those types that do not (the latter being a category that is often referred to as ‘know-how’). The purpose of this article is to engage with the legal scholarship on the principles that are relevant to innovation. To date, the discussion has focused on two distinct approaches — what may be termed the economic and the fairness perspectives. The former may be seen as a justification for the current regime, while the latter has focused on the perceived needs of workers (in large part in opposition to the employers). Our argument is that these two approaches are both incomplete. In an attempt to get closer to a workable framework for the effective allocation of benefits, we offer a third approach one that is based on the practices that are central to the employer-worker relationship.
Publisher: Wiley
Date: 28-02-2011
Publisher: MDPI AG
Date: 04-06-2014
DOI: 10.3390/LAWS3020239
Start Date: 03-2009
End Date: 12-2014
Amount: $210,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 2009
End Date: 12-2016
Amount: $290,000.00
Funder: Australian Research Council
View Funded ActivityStart Date: 02-2008
End Date: 12-2011
Amount: $200,000.00
Funder: Australian Research Council
View Funded Activity