Discovery Early Career Researcher Award - Grant ID: DE220100264
Funder
Australian Research Council
Funding Amount
$451,711.00
Summary
A Socio-Legal History of Australia's Environmental Lawyers. This historical study of 50 years of Australian environmental lawyering (1970-2020) aims to develop and preserve an unprecedented data set of environmental lawyers over multiple generations. It will create important new knowledge, challenging the common and limited treatment of lawyers as mere instruments of social causes and revealing a novel, and previously unexplored, layer of environmental governance. This new knowledge can be used ....A Socio-Legal History of Australia's Environmental Lawyers. This historical study of 50 years of Australian environmental lawyering (1970-2020) aims to develop and preserve an unprecedented data set of environmental lawyers over multiple generations. It will create important new knowledge, challenging the common and limited treatment of lawyers as mere instruments of social causes and revealing a novel, and previously unexplored, layer of environmental governance. This new knowledge can be used by environmentalists, researchers and policy makers to better understand and engage with this important class of social reformers. It can inform environmental advocacy, governance and environmental protection. Other benefits include building capacity in Australian socio-legal historical research. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101827
Funder
Australian Research Council
Funding Amount
$394,700.00
Summary
Governing by Looking Back: A Socio-Legal Account of Cambodian ‘boat people’. This project aims to establish a socio-legal account of the arrival of Cambodian ‘boat people’ in Australia from 1989 to the present. The project expects to shed new light on these events by using an innovative blend of research methods. Interweaving archival and oral history sources, it seeks both to describe institutional responses to these events and show how participants experienced and remember them. Expected ou ....Governing by Looking Back: A Socio-Legal Account of Cambodian ‘boat people’. This project aims to establish a socio-legal account of the arrival of Cambodian ‘boat people’ in Australia from 1989 to the present. The project expects to shed new light on these events by using an innovative blend of research methods. Interweaving archival and oral history sources, it seeks both to describe institutional responses to these events and show how participants experienced and remember them. Expected outcomes include enhanced knowledge of the effects of asylum-related policy and the generation of international and domestic policy guidance for ensuring that such policy is historically-informed. Significant societal benefits will flow by generating new historical knowledge and understanding, and better-informed policy. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180101594
Funder
Australian Research Council
Funding Amount
$335,983.00
Summary
The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will infor ....The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will inform public debate regarding the ideal attributes of judges and judging, qualities that are essential to maintaining and building public confidence.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United ....Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United States will respond to contemporary conditions of slow growth, wage stagnation, wealth inequality, population aging and longevity. Project outcomes will include tax reform proposals to benefit policy makers and enrich public debate on tax justice for 21st century economic and fiscal conditions.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
Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and cr ....Analysing interactions within the criminal deportation system. This project aims to investigate the convergence of migration control and criminal justice by analysing pathways to criminal deportation. The project expects to generate new criminological understandings of deportation as a means of promoting community safety using interdisciplinary approaches that capture regional and metropolitan practice. Expected outcomes include knowledge of how information flows between migration control and criminal justice agencies, and the implications for policing, courts, and prison administration. This should provide significant benefits for policy-makers and practitioners, by articulating emerging and unexplored practices that have major consequences for community safety, social cohesion and the rule-of-law.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
Water and the making of urban Australia since 1900. This project aims to produce new understandings of both the historical drivers of today’s urban water systems, and how these systems have impacted on human and ecological welfare. This will be achieved through the first integrated and comparative historical study of the provision, use and cultures of water in Australia’s five largest cities from 1900 to the present. Such historical knowledge is critical at a time when the water systems of Austr ....Water and the making of urban Australia since 1900. This project aims to produce new understandings of both the historical drivers of today’s urban water systems, and how these systems have impacted on human and ecological welfare. This will be achieved through the first integrated and comparative historical study of the provision, use and cultures of water in Australia’s five largest cities from 1900 to the present. Such historical knowledge is critical at a time when the water systems of Australia’s largest cities are under growing pressure from environmental change and population growth. Project findings will inform the development of policies and practices that produce sustainable, equitable urban water systems.Read moreRead less