ORCID Profile
0000-0003-1683-2939
Current Organisations
Queensland University of Technology
,
EPFL Institute of Bioengineering
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Publisher: Informa UK Limited
Date: 2006
Publisher: Queensland University of Technology
Date: 13-11-2019
Abstract: Law, Technology and Humans aims for something different from the mainstream of technology law scholarship. Rather than repeating analysis born from the dominant narrative, it boldly presents itself as a portal to the multiverse of stories and methods through which to understand, dream, critique, build and live well in the technological present as it, with every planetary rotation, moves towards the technological future.
Publisher: Informa UK Limited
Date: 02-10-2015
Publisher: Springer Science and Business Media LLC
Date: 20-03-2015
Publisher: Springer Science and Business Media LLC
Date: 18-08-2017
Publisher: Informa UK Limited
Date: 03-2007
Publisher: Queensland University of Technology
Date: 08-11-2021
DOI: 10.5204/LTHJ.2150
Abstract: Kieran Tranter reviews Technology by Penny Crofts and Honni van Rijswijk
Publisher: Informa UK Limited
Date: 2004
Publisher: Informa UK Limited
Date: 29-03-2023
Publisher: Informa UK Limited
Date: 07-2010
Publisher: Informa UK Limited
Date: 02-01-2014
Publisher: Springer Science and Business Media LLC
Date: 24-07-2017
Publisher: Southern Methodist University
Date: 2023
DOI: 10.25172/JALC.88.1.4
Abstract: Decision-making can be the difference between life and death in all types of aviation, but in general aviation (GA), where most of the flying is conducted as single-pilot operations, the decision-making of one in idual becomes fundamentally important. It is critical to consider, first, why pilots make bad decisions that can ultimately lead to weather-related aviation accidents or incidents and second, whether a better understanding of weather-related decision-making can inform regulations that will improve decision-making and consequently reduce the frequency of pilot-error accidents. Behavioral economics (BE) aims to better understand in idual decision-making to model decision-making pathways. As in idual decision-making is central to aviation safety, better modeling of decision-making pathways should be a central aim not just for pilots, but also for aviation regulators, such as the Civil Aviation Safety Authority (CASA) in Australia. While there has been little analysis of pilot decision-making using BE, we argue that BE, with its focus on predictive models of in idual decision-making, provides a rich framework to understand pilot decision-making and inform more targeted regulation. This argument is in four parts. The first part identifies that there is an ongoing safety issue with visual flight rules (VFR) pilots flying into instrument meteorological conditions (IMC). The second part introduces some of the core concepts of BE, such as the rejection of perfect rationality and the reliance upon certain behavioral biases in decision-making. We argue that VFR into IMC is an appropriate context in which to apply BE as there is an identifiable measure of a pilot’s welfare and concerns around paternalism fall short when dealing with protecting the welfare of those likely to be impacted by a pilot’s decision-making, such as passengers and aircraft owners. The third part reviews the existing research applying behavioral models of decision-making in respect of VFR into IMC and identifies three behavioral biases that—among others—can lead to poor decision-making: (i) environmental literacy, (ii) overconfidence, and (iii) prospect theory. The final part briefly introduces some potential avenues for BE to inform regulatory reform, including better education of pilots and regulators in respect of the psychological factors to which pilots may fall victim, as well as more directed training for pilots to address the environmental literacy concerns identified in this part. We conclude that the regulatory environment should be reformulated to adequately account for predictable behavioral biases.
Publisher: Springer Science and Business Media LLC
Date: 09-04-2016
Publisher: Informa UK Limited
Date: 03-04-2019
Publisher: Informa UK Limited
Date: 03-04-2021
Publisher: Queensland University of Technology
Date: 13-06-2023
DOI: 10.5204/IJCJSD.2641
Abstract: In Australia, one significant cause of the imprisonment and disadvantage of First Nations people relates to transport injustice. First Nations people face obstacles in becoming lawful road users, particularly in relation to acquiring driver licences, with driving unlicensed a common pathway into the criminal justice system. This paper identifies that while some programs focus on increasing driver licensing for First Nations people, there are significant limitations in terms of coverage and access. Further, very few ersionary or support programs proactively address the intersection between First Nations people’s driver licensing and the criminal justice system. Nevertheless, it is argued that scope does exist within some state and territory criminal justice programs to enhance transport justice by assisting First Nations people to secure driver licensing. This paper highlights the need for accessible, available and culturally safe driver licencing support programs in First Nations communities led by First Nations people.
Publisher: Informa UK Limited
Date: 2011
Publisher: Informa UK Limited
Date: 12-01-2023
Publisher: Informa UK Limited
Date: 2006
Publisher: Informa UK Limited
Date: 03-2003
Publisher: Informa UK Limited
Date: 23-08-2017
Publisher: Informa UK Limited
Date: 03-04-2019
Publisher: Springer Science and Business Media LLC
Date: 29-11-2017
Publisher: Informa UK Limited
Date: 03-07-2018
Publisher: Informa UK Limited
Date: 03-07-2019
Publisher: Informa UK Limited
Date: 20-01-2021
Publisher: Springer Science and Business Media LLC
Date: 30-10-2022
DOI: 10.1007/S11196-022-09937-Y
Abstract: Social media is changing the way humans create and exchange information. Not all social media communications are, however, civil: the ‘dark side’ of social media cultivates various ‘anti-social’ exchanges including hate speech. Parallel accelerating social media use has been an increase in decision-makers having to consider the legalities of dismissing employees for social media misconduct. This paper through an analysis of first instance South African employee dismissal decisions, identifies an economy of hate within South African workplaces. In 30% of social media misconduct decisions (120/400), employees were dismissed for circulating racialised hate speech. This hate speech took three forms. First was the use of animality discourse and animal metaphors to dehumanise colleagues and employers. Second, employees used words that had specific racist connotations within South Africa. Third, there was the direct deployment of signs or symbols connected with South Africa’s racialised past.
Publisher: Informa UK Limited
Date: 02-10-2015
Publisher: Informa UK Limited
Date: 2011
Publisher: Informa UK Limited
Date: 29-10-2014
Publisher: Queensland University of Technology
Date: 21-11-2020
DOI: 10.5204/LTHJ.1755
Abstract: This introduction orientates the seven articles that comprise the ‘What is Real about Law and Technology Symposium’. This symposium was inspired by Bruno Latour’s and Giorgio Agamben’s 2018 books that seemingly respond to the election of Donald Trump, by reconceptualising the relation between the real and representation. It is suggested that the irresolvability of Being (that humans can only experience the real through culture) should ground a more nuanced location between constructivism and empiricism. How to think about and explore this, in relation to law and technology, is precisely the challenge to which the articles in this symposium respond.
Publisher: Queensland University of Technology
Date: 25-11-2019
Abstract: This article argues that there are three narratives to technology’s role in augmenting, disrupting or ending the current legal services environment—each of which gives life to particular legal professional archetypes in how lawyers react to LawTech. In tracing these influential narratives and associated archetypes, we map the evolving role of LawTech, the legal profession and legal services delivery. The article concludes by proffering a further narrative of technology’s role in law known as ‘adaptive professionalism’, which emphasises the complex, contextual nature of the legal professional field. Through this normative rather than descriptive account it is suggested that the profession may access the benefits of technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.
Publisher: Informa UK Limited
Date: 2013
Publisher: Springer Science and Business Media LLC
Date: 31-01-2018
Publisher: Oxford University Press (OUP)
Date: 2019
DOI: 10.1093/OJLS/GQY040
Publisher: Informa UK Limited
Date: 04-2008
Publisher: SAGE Publications
Date: 10-2007
Abstract: This essay examines the hysteria that surrounded cloning and the law that this hysteria called forth in Australia in 2002. Through a parallel reading of two accounts of clones, the public record of cloning that ended with the Prohibition of Human Cloning Act 2002 (Cth), and Star Trek: Nemesis, it argues that instead of fearing the clone, it is clone hysteria that should be feared. Star Trek: Nemesis exposes the constitute anxieties (clone as double, clone as artefact) of clone hysteria, and offers a partial critique. In doing so it points to the foundational place of genetic determinism in thinking about cloning. Although its critique turns out to be illusionary, the film highlights the need for addressing genetic determinism in clearer thinking and lawmaking about clones and cloning. Law, Culture and the Humanities 2007 3: 361—380
Publisher: Informa UK Limited
Date: 07-2011
Publisher: Informa UK Limited
Date: 02-05-2023
Publisher: Ovid Technologies (Wolters Kluwer Health)
Date: 07-2016
Publisher: Queensland University of Technology
Date: 08-11-2021
DOI: 10.5204/LTHJ.2158
Abstract: This brief editorial focuses on the contribution in this volume titled ‘Machines Will Never Replace Humans!’ compiled by GPT-3. The brief text is provocative. It is provocative in demonstrating the potential efficiencies and complexities of machine-produced natural language text for ‘writing’ professions like law and the academy. It is further provocative as it reflects back the image and representation of the human within the digital. There is a denotive suggestion that humans are valuable and significant as lawyers because they possess intuition. There is a further suggestion that humans, or more precisely the imprint of humans in the digital, are televisual consumers of dated sitcoms, revealing the disconnect between existent digital archives and the totality of humanity.
Publisher: Routledge
Date: 13-09-2010
Publisher: Informa UK Limited
Date: 03-07-2022
Publisher: Queensland University of Technology
Date: 14-11-2022
DOI: 10.5204/LTHJ.2639
Abstract: The future is in flux. There are many vectors of change, and none seem positive. Dark dystopian futures of war, climate catastrophe, polarising inequalities and digital disruption seem to be looming. This narrating of the future suggests the significance of science fiction. Science fiction acts as a storehouse for the imagining of the future. It also offers new approaches to justice and law. This symposium on ‘Jurisprudence of the Future’ contains contributions that bring together science fiction, justice and law. There is a sense of urgency to the contributions, to understand the science fictionality of the present and imagining alternative futures.
Publisher: Springer Science and Business Media LLC
Date: 30-11-2013
Publisher: Springer Science and Business Media LLC
Date: 02-05-2017
Publisher: Springer Science and Business Media LLC
Date: 29-06-2023
DOI: 10.1007/S11196-022-09911-8
Abstract: Albert Camus’ reflection in The Myth of Sisyphus presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of repeat, return and enclosure, past and future become a blurred undistinguished present. The modern terror of mundane life that Camus tried to recast, seems intensified and totalised in the digital. However, rather than the possibility of the joy of the absurd, there is something else. Sisyphus, Camus imaged, had weathered to look like his rock, but he never merges with it. But in the unfolding of the digital and its legality, the secure subjectivity that Camus exalted is less then certain. This might not be bad.
Publisher: Routledge
Date: 02-07-2010
Publisher: Queensland University of Technology
Date: 17-06-2016
Abstract: span style="font-size: medium " span style="font-family: Times New Roman " em In early 2015, the High Court of Australia decided /em Cassegrain v Gerard Cassegrain & Co Pty Ltd em , relating to the fraudulent registration of a joint tenancy under Torrens legislation. The Court unanimously criticised the methods employed by lower courts in interpreting New South Wales’ Torrens legislation (and its ‘protection of purchasers’ provision) and in determining the existence and scope of an agency relationship. However, the Court split on the question of whether an innocent joint tenant had their interest rendered defeasible by reason of their co-joint tenant’s fraud. This article reviews and analyses in particular the Court’s evaluation and treatment of the legal principles of joint tenancy. /em /span /span em . /em
Publisher: Oxford University Press (OUP)
Date: 11-10-2021
Abstract: This article reports the findings of a qualitative study of first instance New Zealand employment tribunal decisions concerned with employee dismissal for social media misconduct. There are two main findings. The first relates to the legal approach to employee dismissal for social media misconduct developing in New Zealand. The decisions show New Zealand decision-makers are following the approach in other jurisdictions of treating social media misconduct dismissals as involving a balance between public and private considerations of employment conduct and calculating harm in the employment relationship. However, the decisions do not only track the emerging legal approach to social media misconduct in employment. The decisions are also a record of how social media is affecting employment relations within New Zealand. They are not only legal but also social records. The second finding relates to what the decisions reveal about employment and social media in New Zealand. The s le showed something different from other similar studies. In New Zealand, there was a large cluster of decisions where social media facilitated gender-based harassment. This finding resonates with wider research into New Zealand workplaces that suggests an enduring toxic culture where gender-based harassment is normalized.
Publisher: Springer Science and Business Media LLC
Date: 19-12-2022
DOI: 10.1007/S13437-022-00295-X
Abstract: Uncrewed and autonomous marine vessels (UMVs) challenge the underlying paradigm of maritime laws and regulations. Yet UMVs are considered essential for safer, more efficient, and more effective maritime futures. There is a fundamental challenge facing industry and regulators about how to develop and support the nascent UMV industry while maintaining the safety and risk management principles and processes in legacy laws and regulations predicated on the conventional crewed vessel. This paper, drawing upon case studies of developer and operator experiences with Australia’s maritime safety framework, argues for an “intent-based”, flexible, and collaborative approach based on developers’ and operators’ experiences. The case studies show that ad hoc and bespoke regulatory pathways, utilising exemptions and discretions under Australian national laws, although problematic in terms of regulatory consistency and capacity to deal with scale, did allow for the trialling and deployment of two small UMVs. More importantly, the ad hoc approach facilitated information exchange between industry and regulators that is generating reforms and changes at the national level. Although focused on Australia, the findings are significant for maritime futures. It reveals a dialectical approach whereby maritime nations pragmatically work through the risks, standards, and processes that balance safety with facilitating local UMV industries, and in turn, this creates a body of knowledge to inform international reform processes. It also shows the importance of documenting and reflecting on the regulatory journeys of UMV pioneers as essential for safer, more efficient, and effective maritime industries that leverage the potential benefits of automation.
Publisher: Springer Science and Business Media LLC
Date: 06-03-2019
Publisher: Oxford University Press
Date: 22-11-2016
DOI: 10.1093/ACREFORE/9780190264079.013.21
Abstract: The car and crime become entrenched in the cultural imagination with the widely circulated images of the bullet-hole-ravaged Ford V8 that Bonnie (Parker) and Clyde (Barrow) were in when they were killed by Texan and Louisianan police in 1934. This couple of outlaws (and their gang) had kept newspaper readers enthralled and appalled as they robbed, murdered, and kidnapped throughout the Midwest since 1932. The scope of their activities and their success in evading authorities, along with their crimes, which included many vehicle thefts, were facilitated by the mobility of the car. Before Bonnie and Clyde, car crime in the public consciousness comprised images of the foolish and antisocial behavior of the well-to-do car-owning elite. After Bonnie and Clyde, the famous image of their death car and the celebrity-making image of Bonnie as the archetypical gangster moll with cigar and revolver leaning over a stolen car, linked in the cultural imagination crime and cars as everyday through a visceral mix of bodies, sex, and violence. In particular, the visceral imaginings of car crime after Bonnie and Clyde separated into four locations. All involved, to certain degree, bodies, sex, and violence, but distinct contexts and meanings can be identified. The first location is the imaging of car crime itself of risky use of the car —speeding, dangerous driving, racing, drink driving—actions evidenced by carnage on the roads. There have emerged two frames for this location. The first is the serious and deadly context of the usually male driver fueled by “combustion masculinity” taking irresponsible risks with bloody consequences. The second is the humorous, over-the-top risky, subversive, and illegal car-based activities, a frame tapped into by television shows like Top Gear (Klein, 2002–2015) and Bush Mechanics (Batty, 2001) and manifest in the car chase trope. The second location is the car as a crime scene . From JFK’s assassination in a Lincoln convertible, to the car as site of sexual assault, to the illicit imaginings of the goings-on in a VW microbus, the car is a place in which crimes happen. The car is seen as constructing an internal geography in which crimes occur. The third location has the car as a facilitator of criminal activity . In the road buddy narrative from On the Road (Kerouac, 1957) to Thelma & Louise (Scott, 1991) the car becomes the outlaw’s mechanical horse facilitating a crime spree and evading arrest. At the fourth location, the car became imaged as property, the car as a crime object . From Gone in 60 Seconds (Sena, 2000) to the advertisements of the vehicle insurance industry, the car became conceived as vulnerable property, the target of theft. While distinguishable, each location is not segmented in the cultural imagination, but, as role-played by gamers in the Grand Theft Auto computer game series, cross and coexist. Now well into its second century, the car, notwithstanding contemporary transformations, nurtures a vivid imagining of its culture gone wrong.
Publisher: Ovid Technologies (Wolters Kluwer Health)
Date: 04-2017
No related grants have been discovered for Kieran Tranter.