Discovery Early Career Researcher Award - Grant ID: DE240100652
Funder
Australian Research Council
Funding Amount
$426,000.00
Summary
Mobilising Litigation to Effect Legal, Policy and Social Change. This project will be the first comprehensive study of movement litigation from an Australian perspective. Using an innovative blend of socio-legal methods, the outcomes include an examination of movement litigation actors and their democratic role, a methodological framework for global scholarship on movement litigation and the first international and comparative study of refugee rights movement litigation. These outcomes will gene ....Mobilising Litigation to Effect Legal, Policy and Social Change. This project will be the first comprehensive study of movement litigation from an Australian perspective. Using an innovative blend of socio-legal methods, the outcomes include an examination of movement litigation actors and their democratic role, a methodological framework for global scholarship on movement litigation and the first international and comparative study of refugee rights movement litigation. These outcomes will generate new knowledge for forced migration studies and have the potential to transform the discipline of law by providing tools for a broader and more contextual approach for the study of jurisprudence. Benefits include lessons for enhancing participatory democracy and promoting progressive social and legal change.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200100653
Funder
Australian Research Council
Funding Amount
$399,350.00
Summary
Tools of racial control: an economic analysis of laws vs. violence. This project aims to develop and empirically test a theory of racial violence, which predicts that as racist laws are removed, racial violence increases. To test this hypothesis, I will construct a new, comprehensive dataset of lynchings and racist legislation in post-Civil War America, where newly freed blacks gained significant freedoms, but also experienced widespread violence. The empirical analysis proposes to identify a no ....Tools of racial control: an economic analysis of laws vs. violence. This project aims to develop and empirically test a theory of racial violence, which predicts that as racist laws are removed, racial violence increases. To test this hypothesis, I will construct a new, comprehensive dataset of lynchings and racist legislation in post-Civil War America, where newly freed blacks gained significant freedoms, but also experienced widespread violence. The empirical analysis proposes to identify a novel mechanism for racial violence in this context: a desire for racial control in areas that incurred shocks to the white sex ratio during the Civil War and distorted marriage markets thereafter. The findings aim to significantly contribute to our understanding of racial violence in both the US and Australia today.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE230100557
Funder
Australian Research Council
Funding Amount
$445,880.00
Summary
The Behavioural Economics of Inheritance Litigation. Australians are witnessing the greatest intergenerational wealth transfer in history. Unfortunately, more and more families are going to court over inheritance. These disputes tear families apart and impose excessive costs on families and the courts. This project applies legal, behavioural economic and statistical methods to study inheritance battles. It seeks to generate new knowledge about the drivers of inheritance litigation, in order to m ....The Behavioural Economics of Inheritance Litigation. Australians are witnessing the greatest intergenerational wealth transfer in history. Unfortunately, more and more families are going to court over inheritance. These disputes tear families apart and impose excessive costs on families and the courts. This project applies legal, behavioural economic and statistical methods to study inheritance battles. It seeks to generate new knowledge about the drivers of inheritance litigation, in order to make it cost-effective. Its expected outcomes include behavioural economic models of inheritance litigation to predict what cost-reduction strategies will work; a large database of real-world inheritance cases to test these predictions; and robust law-reform recommendations to reduce litigation costs.Read moreRead less
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.Read moreRead less
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
Developing a rational law of misleading conduct. This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will info ....Developing a rational law of misleading conduct. This project aims to investigate and promote the reform of the current laws of misleading conduct. Such laws are critical to maintaining a fair and efficient market economy, yet have become a range of disparate statutory and general law rules. In that context, the project proposes an integrated analysis to support the development of a rational law of misleading conduct. The project outcome will include a taxonomy of the existing law that will inform an innovative model for judicial and legislative law reform in Australia and overseas. This work will offer significant legal, economic and social benefits by promoting more just, effective and efficient regulation of misleading conduct.Read moreRead less
Unravelling Corporate Fraud: re-purposing ancient laws for modern times. This project aims to reform the ancient laws of common law and equitable fraud that underpin commercial regulation in Australia. These laws are vital to supporting a fair and efficient economy but have failed to evolve to address the rise of corporate actors. Drawing upon a collaborative network of experts, the project intends to develop models of liability that address and overcome the existing ‘state of mind’ and ‘attribu ....Unravelling Corporate Fraud: re-purposing ancient laws for modern times. This project aims to reform the ancient laws of common law and equitable fraud that underpin commercial regulation in Australia. These laws are vital to supporting a fair and efficient economy but have failed to evolve to address the rise of corporate actors. Drawing upon a collaborative network of experts, the project intends to develop models of liability that address and overcome the existing ‘state of mind’ and ‘attribution’ hurdles to holding corporations liable for fraudulent conduct. The intended outcome is a road map for comprehensive judicial and legislative law reform, which should offer significant legal, economic and social benefits by supporting more just, effective and efficient regulation of corporate fraud.Read moreRead less
Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous c ....Reconceptualising Indigenous access to justice in civil law. The project aims to research enhanced Indigenous access to justice in civil and family law, specifically in areas of housing, discrimination, social security, consumer matters, credit and debt and child protection. The research will identify and examine Indigenous understandings of access to justice and the ways that these may differ from non-Indigenous society. The research is centred on 24 male and female focus groups in Indigenous communities, and stakeholder interviews in a range of geographic contexts across Australia. It will investigate Indigenous-specific frameworks that most appropriately reflect Indigenous perspectives of access to justice, and the way that these can be applied in certain civil and family law contexts.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210100486
Funder
Australian Research Council
Funding Amount
$443,774.00
Summary
Navigating justice systems: how Pacific women secure their property rights. This project aims to investigate the strategies that Pacific women use to challenge gender inequality, and improve understanding of the pathways to justice in Pacific legal systems. Using an innovative socio-legal approach, the project will collect, analyse and disseminate data on the strategies used by women to advocate for stronger property rights, and develop a framework for understanding those strategies. Expected ou ....Navigating justice systems: how Pacific women secure their property rights. This project aims to investigate the strategies that Pacific women use to challenge gender inequality, and improve understanding of the pathways to justice in Pacific legal systems. Using an innovative socio-legal approach, the project will collect, analyse and disseminate data on the strategies used by women to advocate for stronger property rights, and develop a framework for understanding those strategies. Expected outcomes include an improved empirical and conceptual basis for development organisations to design and implement gender equality programs. This should provide significant benefits including enhanced understanding of women’s engagement with legal systems, and better-informed and more effective development assistance.Read moreRead less
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less