Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series ....Regulating Relations: Forming Families Inside and Outside of Law's Reach. Australia is wrestling with the complex challenges posed by the increase in cross-border reproductive care. This project asks: what are the causes and consequences of Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research aims to identify barriers to the pathways to licensed assisted reproductive treatment and motivations for evasion of regulation. It entails a series of interlinked case studies reflecting the life-cycle of family formation in assisted conception. The aim is to develop solutions for more responsive legal frameworks that encourage beneficial clinical and ethical practices and contain harmful ones through inclusion rather than exclusion.Read moreRead less
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
Winners and losers: Examining tax justice in tax disputes in Australia. Little is known about the important process of tax dispute resolution in Australia. The project seeks to determine whether tax dispute resolution in Australian is effective, whether or not taxpayers with greater resources come out ahead in tax litigation, and whether or not alternative dispute resolution is a cost effective way for resolving tax disputes. The project also examines the costs and benefits of independent tax di ....Winners and losers: Examining tax justice in tax disputes in Australia. Little is known about the important process of tax dispute resolution in Australia. The project seeks to determine whether tax dispute resolution in Australian is effective, whether or not taxpayers with greater resources come out ahead in tax litigation, and whether or not alternative dispute resolution is a cost effective way for resolving tax disputes. The project also examines the costs and benefits of independent tax dispute resolution, and the legal and justice implications of accessibility to such dispute resolution. Through its analysis, the project aims to arrive at concrete policy recommendations to improve the functioning of the present system in terms of accessibility, operating costs and perceived procedural justice.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
National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and bette ....National research study of the civil and family law needs of Indigenous people. This research will benefit Indigenous communities by improving access and equity in legal services. By identifying and addressing the civil and family law needs of Indigenous people, the research will make a key contribution to improving legal and social justice outcomes. Partner organisations in the research will actively implement the findings to the national benefit, creating more appropriate, accessible and better targeted legal services aimed at meeting identified needs. The research will make an important contribution to the Commonwealth's welfare reform and participation agendas, particularly its Access to Justice Framework as better access to legal services can play an important role in alleviating economic and social disadvantage.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
The legal framework of public administration: a comparative study. This project explores the relationship between administrative law and public administration in Australia, the United Kingdom and the United States. It's main aim is to give Australians generally and Australian public administrators in particular a clearer understanding of the way law frames and regulates the day-to-day implementation of public policy and programmes.