Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal ....Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal analysis and conceptual synthesis of recent international and domestic developments in enforcement of patent, trade mark, copyright and other similar rights. The project intends to bring analytical rigour to highly polarised academic and policy discussions around the growth of international and domestic rules about IP enforcement.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: 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
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
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
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
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
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 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
Deathscapes: Mapping Race and Violence in Settler States. This project seeks new ways to document, understand and respond to the critical issue of racialised deaths in sites of state custody such as police cells, prisons and immigration detention centres. It plans to examine the conditions under which Indigenous and border-related deaths occur, and to explore how legal and social accountability for them is assigned. Moving away from individual national contexts, it seeks to identify and map, at ....Deathscapes: Mapping Race and Violence in Settler States. This project seeks new ways to document, understand and respond to the critical issue of racialised deaths in sites of state custody such as police cells, prisons and immigration detention centres. It plans to examine the conditions under which Indigenous and border-related deaths occur, and to explore how legal and social accountability for them is assigned. Moving away from individual national contexts, it seeks to identify and map, at global as well as local levels, the shared institutional practices, technologies and explanatory frameworks that characterise custodial deaths in the key settler states of Australia, Canada and the United States. This may inform policy-making with the aim of preventing deaths in custody.Read moreRead less