Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognit ....Community sanctions in Australian criminal justice. This project aims to understand the place of community sanctions in the Australian criminal justice system. At a time of record high imprisonment rates, community sanctions that are alternatives to prison do not have a clear purpose. This limits evaluation of their effectiveness and undermines public confidence in criminal justice. The project will examine the use of community sanctions for Indigenous people, women and people with mental/cognitive impairment in three jurisdictions. This is intended to inform scholarly and public debates and to contribute to policies and practices that reduce inequality and enhance justice.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
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and ....Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and constitutionalism, while working to subvert such principles. The project will focus on what ‘new populists’ do with power once they have it, what the consequences are for a global view of democracy, and on informing Australia’s geopolitical engagement with such regimes.Read moreRead less
Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data ....Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data from the United States of America, this research examines whether judicial emotion and emotional display enhance or detract from judicial performance, considering impartiality and legitimacy of judicial authority. It aims to generate substantial new knowledge about judicial decision making and judicial behaviour.Read moreRead less
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Data science in humanitarianism: novel law and policy challenges. This project aims to study how agencies such as the United Nations make use of data science to support decision-making and resource allocation in humanitarian and development work and confront law and policy challenges emergent in this context. Its bridging of socio-legal inquiry and developments in information and communications technology will produce new international law and policy knowledge. Expected outcomes include better i ....Data science in humanitarianism: novel law and policy challenges. This project aims to study how agencies such as the United Nations make use of data science to support decision-making and resource allocation in humanitarian and development work and confront law and policy challenges emergent in this context. Its bridging of socio-legal inquiry and developments in information and communications technology will produce new international law and policy knowledge. Expected outcomes include better insight into the limits of automated decision-support techniques and their perceived legitimacy in different settings, and resulting reform recommendations, as well as building technology-related skills that are important for Australia's changing economy. Aid donors and recipients worldwide will benefit from changes in law and policy designed to ensure the legitimacy of decisions in humanitarian and development work.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200101447
Funder
Australian Research Council
Funding Amount
$419,337.00
Summary
The Law and Politics of Machine Listening. Machine listening refers to the branch of AI driving the rapid growth of smart speakers, voice assistants and other always-on listening devices. Many of its applications offer real benefits, but machine listening also poses urgent challenges across privacy, security, surveillance, human rights and other areas of law and politics. These challenges are yet to receive a systematic response. This project aims to examine the effects of machine listening’s em ....The Law and Politics of Machine Listening. Machine listening refers to the branch of AI driving the rapid growth of smart speakers, voice assistants and other always-on listening devices. Many of its applications offer real benefits, but machine listening also poses urgent challenges across privacy, security, surveillance, human rights and other areas of law and politics. These challenges are yet to receive a systematic response. This project aims to examine the effects of machine listening’s emergence in order to develop a conceptual framework for regulation and greater public scrutiny of this growing field of power. These outcomes are intended to impact public policy and enhance the social benefits of future technologies, devices and services that use machine listening techniques.Read moreRead less
Freedom and inclusion in the modern university. This project aims to understand conflicts in modern universities over intellectual freedom and inclusiveness. Universities are important social institutions whose core values must include a commitment to intellectual freedom and to including people from different backgrounds and with different views. These values have increasingly come into tension, causing anger, division and even violence in some parts of the world. This project aims to develop a ....Freedom and inclusion in the modern university. This project aims to understand conflicts in modern universities over intellectual freedom and inclusiveness. Universities are important social institutions whose core values must include a commitment to intellectual freedom and to including people from different backgrounds and with different views. These values have increasingly come into tension, causing anger, division and even violence in some parts of the world. This project aims to develop a strong theoretical understanding of these conflicts in modern universities and will create a set of practical principles to help universities prevent or manage these conflicts. This project is expected to strengthen universities’ capacities to benefit Australian society and students and staff.Read moreRead less