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Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
Re-inventing authority and integrity of primary legal sources for the online world, using free access to make the legal system more efficient and just. Authority and integrity of primary legal materials need to be reconsidered and re-invented in light of technological changes. This project will investigate and develop new best practices (policy, standards, technical) suited to the online environment and modern practices from both national and international perspectives.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE130100118
Funder
Australian Research Council
Funding Amount
$290,000.00
Summary
The Australasian Legal Scholarship Library: new content and sophistication for a world-leading legal scholarship repository and citator. This project will dramatically improve the size and usefulness of the Australasian Legal Scholarship Library which is accessible online for free. It will double the quantity of law journals, scholarship repositories, judicial scholarship and monographs on Australasian Legal Information Institute (AustLII). It will provide a citator and other metrics to track th ....The Australasian Legal Scholarship Library: new content and sophistication for a world-leading legal scholarship repository and citator. This project will dramatically improve the size and usefulness of the Australasian Legal Scholarship Library which is accessible online for free. It will double the quantity of law journals, scholarship repositories, judicial scholarship and monographs on Australasian Legal Information Institute (AustLII). It will provide a citator and other metrics to track their use and their citation histories.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE100100272
Funder
Australian Research Council
Funding Amount
$164,002.00
Summary
Bringing Australian free-access legislation to international best practice standards. Modern Australian law is very heavily based on legislation, and the amount and complexity of legislation increases every year, particularly delegated legislation. It is essential that legislation be interpreted and applied accurately and efficiently for Australia to have high quality legal research, for the operation of the rule of law, and for the effective operation of the legal system. This project will con ....Bringing Australian free-access legislation to international best practice standards. Modern Australian law is very heavily based on legislation, and the amount and complexity of legislation increases every year, particularly delegated legislation. It is essential that legislation be interpreted and applied accurately and efficiently for Australia to have high quality legal research, for the operation of the rule of law, and for the effective operation of the legal system. This project will contribute to all of these national benefits by providing free access for all Australian legal researchers and lawyers to a comprehensive national collection of legislation which meets international best practice standards, includes delegated legislation, and integrates all legislation-related materials.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101865
Funder
Australian Research Council
Funding Amount
$447,798.00
Summary
Justice and Security Reform in North-western Pakistan. This project aims to investigate the post-conflict criminal justice reform program in formerly Federally Administered Tribal Areas (FATA) in north-western Pakistan. It will develop a new interdisciplinary framework for studying how three categories of cases—terrorism, narcotics smuggling, murder and cyclical violence—are being handled by the criminal justice system. Expected outcomes include enhanced understanding of the social, legal and in ....Justice and Security Reform in North-western Pakistan. This project aims to investigate the post-conflict criminal justice reform program in formerly Federally Administered Tribal Areas (FATA) in north-western Pakistan. It will develop a new interdisciplinary framework for studying how three categories of cases—terrorism, narcotics smuggling, murder and cyclical violence—are being handled by the criminal justice system. Expected outcomes include enhanced understanding of the social, legal and institutional factors impacting the prosecution of these crimes in former FATA. It will benefit Australian and international policymakers seeking to support the agenda to enhance state-building and rule of law reform in this region bordering Afghanistan.Read moreRead less
Exporting risk: the Australian deportation project. This study will investigate the use of deportation. It will test our claim that deportation has a significant impact on institutions, individuals and communities, and will contribute to a more ethically and legally robust approach to deportation.
Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of cons ....Developing negotiation decision support systems that promote constructive relationships following disputes. The development of negotiation support systems that focus upon complying with notions of equity, rather than mere integrative bargaining, will lead to more durable outcomes, meaning negotiated settlements will not be discarded and constantly re-litigated. Our development of appropriate systems will provide disputants with information and knowledge that will lead to the continuation of constructive relationships following disputes and reduce the magnitude and extent of conflicts. This will lead to significant cost savings in the administration of justice as well as reduced legal fees. It will result in more harmonious communities - especially in families and body corporates.Read moreRead less
Legal culture, work stress and professional practice: a study of Australian lawyers. This unique and innovative project provides a map of the Australian legal culture in the twenty-first-century. Using a combination of quantitative and qualitative research techniques, it investigates the relationship between legal culture and professional practice, with particular focus on the perception and handling of stress among lawyers.
The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for di ....The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for disability and the application of disability discrimination law to behavioural traits, the project is expected to determine how, if at all, law should regulate variant personality and behaviour.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220100633
Funder
Australian Research Council
Funding Amount
$445,125.00
Summary
The Australian Preventive Justice Project . This project aims to generate the first account of Australian preventive justice. Through original legal, historical and critical research, the project will create new knowledge by mapping, for the first time, the legal architecture of preventive justice in the Australian Federation since colonisation, and analysing these laws and their impacts through settler colonial and coloniality theories. Outcomes include the first legal history of preventive ju ....The Australian Preventive Justice Project . This project aims to generate the first account of Australian preventive justice. Through original legal, historical and critical research, the project will create new knowledge by mapping, for the first time, the legal architecture of preventive justice in the Australian Federation since colonisation, and analysing these laws and their impacts through settler colonial and coloniality theories. Outcomes include the first legal history of preventive justice in the Australian settler colonial context, and enhanced understanding of the role of race in preventive injustice. Benefits include publications and guidelines to inform preventive policy and lawmaking, research training and increased capacity for Australian preventive justice research.Read moreRead less