Grants
ARC Grants
| Project title: | A Lifecycle Approach to Labour Supply, Human Capital Accumulation and Public Policy |
| Researchers: | Apps, P, Rees, R & Walker, I |
| Grant type: | ARC Discovery |
| Duration: | January 2008-December 2010 |
| Funding: | $207,938 |
| Project summary: | Australia's rate of economic growth and tax base for funding education, health and welfare will depend crucially on future labour supply and productivity. The central aim of this project is to develop a more advanced approach to modelling the impact of education, childcare and tax polices on household labour supply decisions and human capital accumulation over the lifecycle. The significance of the project is that it will provide a better understanding of the longer-term effects of government policies on family labour supply decisions, and on gender difference that begin in the early childrearing phases and persist throughout the lifecycle. |
| Project title: | Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence |
| Researchers: | McCallum, R, Jamieson, S & Schofield, T |
| Grant type: | ARC Discovery |
| Duration: | January 2008-December 2010 |
| Funding: | $345,237 |
| Project summary: | This project aims to: a) determine the deterrent capacity of recent occupational health and safety legislation in NSW (2000) and Victoria (2004); b) identify how the law and prosecution of OH&S infringement can contribute to reducing and preventing the mounting carnage and serious impairment that occurs in Australian workplaces; and c) advance current legal thinking associated with the concept of deterrence in relation to OH&S. The project will provide fresh insights into OH&S prosecution and deterrence, identifying pathways for legal prosecution to advance the achievement of workplaces that ensure the health and well-being of Australian workers and their families, and improved economic productivity. |
| Project title: | Gateways to Justice: Improving video-mediated communications for justice participants |
| Researchers: | Tait, D, Carney, T, Goodman-Delahunty, J, Lennard, C, Brawn, G, Battye, G, Blackman, D, Wallace, A, Robertson, J, Jones, D, Auty, K, Missingham, G & Refshauge, R |
| Grant type: | ARC Linkage |
| Duration: | July 2007-June 2010 |
| Funding: | $295,603 |
| Project summary: | Justice hearings are increasingly likely to employ video communication facilities to provide access for remote participants. This project brings together a critical mass of researchers from seven disciplines together with courts, prosecutors, police and technology companies to develop best practice guidelines for introducing new video technologies. The project tests the impact of technological change on participants' sense of presence and the effectiveness of communication; tests the impact of social and environmental changes; and their combined effects. Real courtroom environments are modified, based on results of the experiments, and impacts of the changes on users are measured and analysed. |
| Project title: | Safeguarding the domestic tax base in a world without investment borders |
| Researchers: | Burns, L & Krever, R |
| Grant type: | ARC Discovery |
| Duration: | January 2007-December 2009 |
| Funding: | $120,000 |
| Project summary: | The project will examine Australia's tax rules applying to investments in foreign corporations controlled by Australian residents (known as "CFCs") in the context of a changing global economy. Australia's CFC rules are based on design principles developed overseas long before globalization that are now viewed by many in the business community as a significant impediment to investment abroad. Drawing upon country experiences and the growing field of theoretical literature, the project will examine CFC design, making reform recommendations for more efficient tax rules that protect the integrity of Australia's tax base while removing unnecessary impediments to legitimate Australian investment abroad. |
| Project title: | A study of law reform and its responses to rapid social and community change |
| Researchers: | Graycar, R & Morgan, J |
| Grant type: | ARC Discovery |
| Duration: | January 2007-December 2009 |
| Funding: | $220,000 |
| Project summary: | Institutional law reform agencies, particularly law reform commissions, have been part of the legal landscape in Australia since the 1960s or 1970s. It is timely to critically examine whether in light of the rapid rate of social change in the 21st century their processes and practices remain effective and responsive. Through the use of three case studies: family law reform, laws governing defences to domestic homicide and tort law reform, we will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream. |
| Project title: | Aboriginal Women Law and Colonialism: Safe Places for Women |
| Researchers: | Watson, I & Stubbs, J |
| Grant type: | ARC Indigenous Researchers Development |
| Duration: | January 2007-December 2008 |
| Funding: | $40,000 |
| Project summary: | This project will collect, collate and analyse Australian case law from the 1820s until 1985, complementing the Chief Investigator's current review of Australian cases from 1986 to 2006. In light of the recent debate on violent crimes against Aboriginal women this project will review Australian cases that have considered questions of Aboriginal law, culture and violence against Aboriginal women, throughout Australian legal history. The decisions will be analysed to consider the courts interpretation of Aboriginal law and culture. This analysis will provide information for the framing of future conversations and policy directions concerning the safety of Aboriginal women and children. |
| Project title: | Managing Conflict in Higher Education |
| Researchers: | Astor, H |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2007 |
| Funding: | $62,000 |
| Project summary: | Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. |
| Project title: | Gender Inequities in Health Research: Towards a New Regulatory Framework |
| Researchers: | Bennett, B, Rogers, W & Karpin, I |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $300,000 |
| Project summary: | This project will benefit Australian women by identifying better and fairer ways for the legal system to ensure that health research performed in Australia provides meaningful information about the significance of new health treatments for Australian women. The research undertaken in this project will make recommendations for the development of Australian laws and policies that will promote and maintain good health by encouraging equal participation of men and women in health research and analysis by gender of research results. This is particularly important given the ageing of the Australian population and the greater longevity of women compared to men. |
| Project title: | The Subversion of Contemporary Performance-Based Pay: A Comparative Australian-US Study |
| Researcher: | Hill, J, Thomas, R & Masulis, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $210,000 |
| Project summary: | The key national benefit from the project will be the development of a more informed basis for analysing, and making policy and regulatory decisions about executive remuneration, which is a matter of great community concern in Australia. The project will assess key provisions in Australian and US executive contracts, providing important comparative information about the structure and operation of performance based pay schemes. The project will also examine whether systemic problems exist in executive remuneration. The results will assist policy analysts in identifying directions for legal reform, to address problems of non alignment of interests in executive remuneration, thereby achieving fairer outcomes. |
| Project title: | GST and the Global Economy: Identifying the underlying causes of consumption tax conflicts affecting cross-border trade |
| Researchers: | Millar, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $140,000 |
| Project summary: | This project will provide an independent analysis of the desirability of particular types of destination based jurisdictional rule in a GST/VAT in light of their effects on global trade and revenue collection. Focussing on basic principles, the project will assess the relationship between the ideal subject of the tax (consumption) and the practical effects of existing laws (which tax their own peculiar concept of consumption). The inclusion of comparative research on developing and transition countries will enable Australia to assess the outcomes of the concurrent OECD and EC work in this area from a broader perspective and to evaluate the effects of its own laws on both global trade and the revenue of Australia and its trading partners. |
| Project title: | Lifestyle Wars: Law's role in responding to the challenges of non-communicable diseases |
| Researchers: | Magnusson, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $156,000 |
| Project summary: | In economic, social and personal terms, non communicable diseases impose a massive health burden upon Australian society. Law is a potent tool that could influence the economic, environmental and social structures, as well as the personal choices, that generate poor health outcomes. Very little work has been carried out on law's relationship with non communicable diseases, either in Australia or internationally. By exploring and promoting the contribution that public health law can make to health policy on non communicable diseases, this project will contribute to the promotion and maintenance of good health in Australia. |
| Project title: | Relocation after parental separation and the best interests of children |
| Researcher: | Parkinson, P, Cashmore, J & Chisholm, R |
| Grant type: | ARC Discovery |
| Duration: | January 2006-December 2008 |
| Funding: | $330,000 |
| Project summary: | The project is of importance not only for Australia, but internationally, because relocation disputes are a pressing issue around the world in family law. These disputes have become numerous as laws have changed in recent years to reflect the ideal that parents should share responsibility after separation and that children should have regular contact with both of them. This ideal clashes with the promise of divorce that individuals should be able to live their own lives without being unduly bound by ties to the other parent. This will be the world's first such prospective longitudinal study of the outcomes of relocation decisions. The national benefits will include better information for courts in making relocation decisions. |
| Project title: | Modelling the labour market and the impact of the tax-benefit system on employment and GDP |
| Researchers: | Apps, PF, Booth, A & Rees, R |
| Grant type: | ARC Discovery |
| Duration: | January 2005-December 2007 |
| Funding: | $319,000 |
| Project summary: | The aim of the project is to develop a general equilibrium model of the labour market that can provide a rigorous and empirically relevant framework for tax-benefit reform analysis. The research will test alternative hypotheses concerning the determinants of changes in female and male employment and wage dispersion. Importantly, the analysis will take account of shifts in labour demand with the substitution of market for domestic work associated with the expansion of female employment, and the crucial implications this has for GDP in an ageing population. The project will provide a more informed basis for formulating policies that can raise living standards while reducing inequality. |
| Project title: | Family Lawyers and Child-Focused Dispute Resolution: Managing Inter-Professional Relationships in the Family Law System |
| Researcher: | Rhoades, HM, Sanson, AV, Swain, PA, Astor, H |
| Grant type: | ARC Linkage |
| Duration: | January 2005 - December 2007 |
| Funding: | $64,000 |
| Project summary: | This multi-disciplinary project involving law, psychology and social work, will shed light on the facilitators and inhibitors of effective collaboration between legal and social science professionals in the family law system. It will do this by exploring the knowledge base, attitudes, norms and beliefs that underpin practice for both groups as well as contextual factors affecting collaboration. . The study is a response to government proposals to increase reliance on non-legal dispute management methods and mediation professionals to resolve post -separation parenting disputes. It aims to inform the design of better integrated professional services for separated parents in the family law system. |
| Project title: | Mental Health Tribunals: Balancing fairness, freedom, protection and right to treatment? |
| Researchers: | Carney, T, Tait, D, Chappell, D & Coumarelos, C |
| Grant type: | ARC Linkage |
| Duration: | January 2005-December 2007 |
| Funding: | $285,000 |
| Project summary: | In determining treatment options for mentally ill people, mental health tribunals must balance the person's right to treatment with rights to safety, justice and freedom from coercion. Much studied overseas, Australia lacks information about the 'fairness' of hearings. Applying popular 'therapeutic jurisprudence' literature, this project studies the impacts of hearings in three diverse Australian jurisdictions (NSW, Vic & ACT). It uses field observations, interviews and file reviews to isolate best practice reforms. Broader than overseas work, it assesses the actual and perceived fairness of hearings, and the therapeutic outcomes for patients. As in Britain, the project will inform legislative reform and tribunal practices. |
| Project title: | The World Trade Organisation and Human Rights |
| Researchers: | Kinley, D |
| Grant type: | ARC Discovery |
| Duration: | January 2005-December 2007 |
| Funding: | $240,000 |
| Project summary: | The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. |
| Project title: | Globalisation and Biomedicine: Harmonisation of local and global regulatory demands |
| Researchers: | Rothwell, D R & Bennett, B |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2005 |
| Funding: | $120,000 |
| Project summary: | The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisation, Australia's federal legal system, the patient in society and health law, and the scope of effective legal regulation. The project will provide insights into and a theoretical understanding of existing global and national legal regulation of this sector as well as assisting in the formulation of future regulatory measures. |
| Project title: | The Impact of Migrants on Australian Public Law: An historical and cultural study |
| Researchers: | Crock, M & Irving, H |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $110,000 |
| Project summary: | Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review. |
| Project title: | Seeking Asylum Alone: The treatment of separated and trafficked children in need of refugee protection in Australia |
| Researcher: | Crock, M |
| Grant type: | ARC Linkage |
| Duration: | January 2004-December 2006 |
| Funding: | $118,196 |
| Project summary: | Forced migration is a critical human rights issue. Although increasing in number, children travelling on their own to seek protection abroad have received scant scholarly attention. No systematic research exists on the efficacy of asylum as a mechanism for protecting separated children smuggled or trafficked into Australia. Claims and experiences of such children will be catalogued and studied to determine the extent and nature of the disadvantage they face within Australia's refugee system. The findings will contribute to an international project aimed at articulating best practice guidelines for the legal treatment of separated children in refugee determination systems around the world. |
| Project title: | Legal Responses to Systemic Injuries: Towards a new paradigm for compensation |
| Researcher: | Graycar, R |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $130,000 |
| Project summary: | This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from families, or widespread abuse of children in institutional settings. The tort system is under attack from the various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress scheme established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms. |
| Project title: | 'Traction' or 'Turbulence' in Japanese Regulatory Style? 'An Empirical Analysis of Japanese Commercial Law Reform since the 1990s |
| Researchers: | Nottage, L, Wolff, L &Anderson, K |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $195,000 |
| Project summary: | A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's "traction" to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more "turbulent" process of law reform – one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. A model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment. |
| Project title: | Family law and the indissolubility of parenthood |
| Researcher: | Parkinson, P |
| Grant type: | ARC Discovery |
| Duration: | January 2004-December 2006 |
| Funding: | $122,784 |
| Project summary: | This project involves comparative analysis of how different family law systems address the problems of post-separation parenting, in particular, the tension between the promise of post-separation autonomy and the need for continuing co-operation between parents. Changes in expectations about post-separation parenting are placing pressures on legal systems to play an ongoing role in dispute resolution and to find a balance between continuing contact and issues about the safety of women and children from family violence. By examining existing approaches, processed and law reform proposals in North America, Europe and elsewhere, proposals will be developed for systemic reform in Australia. |
| Project title: | Rethinking social intolerance: Lessons from the suspension of homophobia at public gay and lesbian celebrations |
| Researchers: | Mason, G, Tomsen, S & Markwell, K |
| Grant type: | ARC Discovery |
| Duration: | January 2003-December 2005 |
| Funding: | $151,000 |
| Project summary: | This project will contribute to the understanding of intolerance via the lessons drawn from an analysis of homophobia at public gay and lesbian celebrations. It will take advantage of these events as exceptional social windows that appear to be characterised by a suspension of overt intolerance. The study innovatively reverses the usual analysis of intolerance and hostility as a social presence. It will analyse situational elements and ways of understanding sexuality that structure mainstream views of these events as pleasurable activities for all participants. It will advance knowledge of homophobia and intolerance in Australian society as contradictory and shifting phenomena. |
| Project title: | Taxation and the Welfare State: Implications of current policy directions for saving, fertility, economic growth and inequality |
| Researchers: | Apps, PF, Breunig, R & Rees, R |
| Grant type: | ARC Discovery |
| Duration: | January 2002-December 2004 |
| Funding: | $260,000 |
| Project summary: | Current changes to taxation and welfare programs increase inequality by significantly lowering the net incomes of secondary earners, thus in turn reducing the net incomes of many low and middle wage families. The aim of the project is to investigate, both theoretically and empirically, the further effects on labour supply and saving in the short term and on family size and economic growth in the longer term. The study will produce new models and empirical results which will contribute to rigorous, informed debate on these issues. |
| Project title: | The Human Rights Responsibilities of Multinational Corporations |
| Researchers: | Kinley, D |
| Grant type: | ARC Linkage-Project |
| Duration: | January 2002-December 2004 |
| Funding: | $134,996 |
| Project summary: | Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcement and investigate their likely future extension in Australia and internationally. Best practice models for corporate compliance with these laws will be constructed and all results will be widely disseminated and accessible in a variety of formats. |
| Project title: | Children's involvement in decision-making about residence and contact in family law proceedings |
| Researchers: | Parkinson, P, Cashmore, J & Wilson, J |
| Grant type: | ARC Discovery |
| Duration: | January 2002-December 2004 |
| Funding: | $276,369 |
| Project summary: | This project aims to discover the extent to which children and young people are involved in decision-making about residence and contact when their parents divorce, and to examine how their views are taken into account. It will involve interviews with children and parents about agreements reached without court involvement, and interviews with children, parents, counsellors, separate representatives and judges in cases with court involvement. The findings will result in greater understanding of the factors that affect children's willingness and capacity to be involved in such decision-making and assist counsellors, judges and other court personnel in ascertaining and assessing children's wishes. |
| Project title: | Involuntary treatment of severely ill anorexia nervosa patients: A role for law in therapy? |
| Researchers: | Carney, T, Beumont, P, Touyz, S & Tait, D |
| Grant type: | ARC Discovery |
| Duration: | January 2001-December 2003 |
| Funding: | $142,381 |
| Project summary: | Balancing individual autonomy against ethical duties to save life vexes society, clinicians and lawyers. Coercion in treatment of severely ill young women suffering intractable chronic anorexia highlights these dilemmas. Various legal machinery regulates coercion in treatment, some, like clinical practices, uniquely Australian. Adults in NSW & SA obtain guardians from Guardianship Boards, but Victoria uses mental health powers. Children are covered by child protection, wardship and Family Court powers. Consent and accountability rules differ, as do experiences of patients, families and clinicians. This study examines how legal institutions shape and interact with clinical and life experience, to found best practice medico-legal guidelines. |
| Project title: | Constitutional History, Federation and Judicial Review |
| Researcher: | Irving, H |
| Grant type: | ARC Discovery |
| Duration: | January 2001-December 2003 |
| Funding: | $82,000 |
| Project summary: | The Australian High Court's use of history has grown in recent years and appears likely to increase. Yet it has been neither systematic nor grounded in historical methodology. Commentators have tended to focus on issues of legal rather than historical interpretation. This project aims to identify the uses of Federation history in High Court judgments (both before and after Cole v Whitfield), explore patterns of historical interpretation in these references, and evaluate the use of Federation history in judicial review. The outcome will be a new, systematic approach to the application of history in assisting an understanding of the Constitution. |
| Project title: | Assessing the quality of business tax reform |
| Researchers: | Vann, R, Cooper, G & Dirkio, M |
| Grant type: | ARC SPIRT |
| Duration: | January 2001-December 2003 |
| Funding: | $150,000 |
| Project summary: | This project will undertake research that is long overdue: a systematic study of the outcomes and processes of taxation policy and law development in Australia. It will be the first comprehensive study of private sector involvement in the process using the substantial amount of private data held by the Partner Investigator, the Taxation Institute of Australia. The research has the potential to inform the future development in Australia of a substantial agenda of tax policy and law development still to occur including the entire rewriting of the tax law into a tax code and the review of taxation of international income and superannuation which will occur in the relatively near future. |
| Project title: | Third Party Guarantees |
| Researchers: | Graycar, R, Millbank, J & Harland, D |
| Grant type: | ARC SPIRT |
| Duration: | January 2000-December 2002 |
| Funding: | $169,013 |
| Project summary: | This project will undertake research that is long overdue: a systematic study of the operation of laws dealing with guarantees and other forms of third party securities. This will be the first comprehensive empirical study of this area of law. It will be undertaken collaboratively with the NSW LRC as part of its reference on third party guarantees. The research has the potential to play a key role in informing legal reforms that will both ease the burdens on those involved in financing small business and provide for greater legal and commercial certainty (and therefore less costly litigation). |
Other Competitive Grants
| Project title: | The early Australian legal system and its response to Aboriginal law and culture |
| Researchers: | Watson, I |
| Grant type: | AIATSIS Research Grant |
| Duration: | September 2007-July 2008 |
| Funding: | $24,000 |
| Project summary: | The representation and construction of Aboriginal law and culture by the courts will be documented and critiqued using post colonial frameworks to analyse and examine archival source materials. A comparative analysis of the two systems of law will be one of the results of this research, whereby the possibility of creating and growing up healthier Aboriginal. |
| Project title: | Strengthening Extractive Industry Governance in Eastern and Southern Africa |
| Researchers: | Burns, L |
| Grant type: | AusAID - Australia Africa Fellowships |
| Duration: | June 2008-October 2008 |
| Funding: | $176,106 |
| Project summary: | The primary outcome of the Fellowship program is to build public sector capacity for fiscal and accounting transparency in respect of revenue generated from extractive industries in Eastern and Southern Africa. Through a combination of formal coursework, , research under academic supervision and practical experience, the program will provide senior government officials with key skills in the development of fiscal policies and revenue management to enable them to improve critical oil, gas, and mining fiscal and regulatory frameworks in their countries. |
| Project title: | Tax Admnistration Capacity Building |
| Researchers: | Burns, L |
| Grant type: | AusAID - Australian Leadership Awards - Fellowships |
| Duration: | February 2008-May 2008 |
| Funding: | $31,335 |
| Project summary: | The proposed Fellowship program aims to develop skills within the Revenue Services Department relevant to the passing of the new income tax law in Tonga. A combination of formal university coursework, research work and practical placement within the Australian Tax Office will enhance the Fellow's leadership capacity and provide knowledge transfer in key areas such as international tax, audit policy and practice. |
| Project title: | Safeguarding Human Rights in the Criminal Justice System in Nepal |
| Researchers: | Saul, B |
| Grant type: | AusAID - Public Sector Linkages Program |
| Duration: | July 2008-July 2009 |
| Funding: | $170,000 |
| Project summary: | The objective of this project is to improve understanding and knowledge of, and respect for, Nepal's human rights law obligations amongst key actors in the criminal justice system in Nepal. The objective will be achieved by: (1) reviewing legal education in Nepal on human rights in the criminal justice system and formulating and disseminating a medel curriculum; (2) training Nepalese police and prosecutors on human rights in the criminal justice system.Thee activities will be conducted by the Sydney Centre for International Law at the University of Sydney, in collaboration with the Kathmandu School of Law. |
| Project title: | The Migrant Child Project |
| Researchers: | Crock, M & Cashmore, J |
| Grant type: | Australian Research Alliance for Children & Youth |
| Duration: | June 2007-February 2008 |
| Funding: | $10,000 |
| Project summary: | A primary goal of this collaboration is to develop a national network of stakeholders involved in research into the needs and experiences of child migrants and their transition to full participation in the Australian community. This application is designed to build such a network through a range of interconnected activities aimed at increasing awareness of the needs of migrant children; improving knowledge of relevant laws (with a long term view to reform); and creating more friendly and responsive welfare systems and communities for migrant children and young people. |
| Project title: | A comparative analysis of Canadian and Australian legislative responses to reproductive genetics, women's rights and disability |
| Researchers: | Karpin, I |
| Grant type: | Canadian Studies Program (Faculty Research Program) |
| Duration: | February 2006-February 2007 |
| Funding: | US$5,800 |
| Project summary: | Australian and Canada are two jurisdictions where national legislation had been introduced to regulate assisted human reproduction and reproductive genetics. While the Australian legislation was introduced in a conservative political climate, the Canadian Bill was developed with significant input from feminist thinkers and the women's health community. The differences mean that the two pieces of legislation that cover much of the same material nevertheless offer quite different models for how that material can be regulated.This project will look at the differences between this legislation. |
| Project title: | Indigenous Stolen Wages on Northern Territory Cattle Stations: Stories from Wave Hill |
| Researchers: | Anthony, T |
| Grant type: | Don Chipp Foundation Small Grants |
| Duration: | November 2007-December 2008 |
| Funding: | $5,000 |
| Project summary: | This project seeks to provide a record of wage conditions for workers in the Northern Territory cattle industry, with particular reference to the stations in the area of Wave Hill. |
| Project title: | Understanding Prosecutorial Decision-Making in Child Sexual Assault Cases |
| Researcher: | Shackel, R |
| Grant type: | Law & Justice Foundation of NSW |
| Duration: | November 2007-February 2009 |
| Funding: | $25,614 |
| Project summary: | This project will gather data about prosecutorial decisions in child sexual abuse cases to improve the understanding of the basis upon which such decisions are made and thereby address any problems that are identified which may undermine the delivery of justice in such cases and public confidence. It is envisaged that the findings of this research will form the basis for further research in this area in other Australian jurisdictions so that a broader picture of prosecutorial decision-making in child sexual assault cases may be gained across Australia. |
| Project title: | Court-directed expert witness conferences in medical negligence cases |
| Researcher: | McDonald, B & Parkinson, P |
| Grant type: | Law & Justice Foundation of NSW |
| Duration: | 2005 |
| Funding: | $16,757 |
| Project summary: | Section 13 CA of the Supreme Court Rules was introduced in 2000 in order to achieve savings in legal and court costs to all parties to a claim and to improve the efficient determination of claims in cases involving conflicting expert evidence. It allows the court to direct that expert witnesses confer and endeavour to reach agreement on outstanding matters in dispute between them and then to provide the court with a joint report specifying matters agreed upon and matters not agreed upon with the reasons for non-agreement. In this way, the matters upon which each witness need be examined and cross examined are drastically reduced and also the court is given much more guidance about the real issues in dispute. |
| Project title: | Seeking Asylum Alone - The treatment of separated and trafficked children in need of refugee protection |
| Researcher: | Crock, M & Bhabha, J |
| Grant type: | MacArthur Foundation |
| Duration: | January 2004-July 2005 |
| Funding: | US$90,000 |
| Project summary: | The research will examine the application of the refugee definition to children and child specific forms of persecution; it will also include an analysis of relevant human rights law as it pertains to trafficked and separated children within the asylum process. Thus the project will inquire into the protections available for child soldiers, drafter deserters and evaders, and it will investigate how children who are smuggled and trafficked prior to their asylum applications come to be in those situations, and what legal remedies are available to them. It will relate international and domestic laws for the protection of victims of trafficking and smuggling to protections available through the refugee protection system. |
| Project title: | Individual decision-making, welfare measurement and policy evaluation |
| Researcher: | Apps, PF, Hall, JP, Fiebig, DG, Louviere, JJ & Viney, RC |
| Grant type: | NHMRC Program Grant |
| Duration: | January 2002-December 2007 |
| Funding: | $6,825,000 |
| Project summary: | This proposed program of research will contribute to the development of economics and health economics internationally. It provides an exciting opportunity to bring together scholars who are at the forefront of the discipline internationally, and who are researchers with extensive experience in the practical application of research results in shaping policy directions. The immediate outcomes of the research program will be information on specific health policy issues, in terms of the drivers of cost and utilisation, access and equity. |
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| Project title: | Building institutions and capabilities for work and employment in a global era: the social dynamics of labour regulation |
| Researcher: | McCallum, R and 60 co-researchers from Inter-University Research Centre on Globalization and Work |
| Grant type: | Social Sciences and Humanities Research Council of Canada, Major Collaborative Research Initiatives (MCRI) |
| Duration: | April 2008-December 2015 |
| Funding: | CAD $2,500,000 |
| Project summary: | CRIMT is an interuniversity and interdisciplinary research centre that brings together researchers from around the world to look at the theoretical and practical challenges of institutional renewal for work and employment in a global context. The CRIMT team will examine the involvement of institutional players in dialogues about change and seek to gain a better understanding of the capabilities required to evolve and thrive in this new environment. Key issues include the cross-border organization of production and care, citizenship in the workplace and the implementation of public policies that redistribute work rights and risks, new forms of collective representation, and the social aspects of comparative institutional advantage. |
University Grants
| Project title: | Constructing an online assessment tool to aid the development of case analysis skills in law students |
| Researcher: | Glister, J, Smith, B & Shackel, R |
| Grant type: | Teaching Improvement and Equipment Scheme |
| Duration: | January-December 2008 |
| Funding: | $5,131 |
| Project title: | Enhancing HASS Students' Experiences Through Blended Learning Opportunities |
| Researcher: | Atkinson, S, Barbaux, M-T, Loughnan, A, O'Hara, A, Tindall-Ford, S & Waugh, F |
| Grant type: | Teaching Improvement and Equipment Scheme |
| Duration: | January-December 2009 |
| Funding: | $ 79,574 |
| Project summary: | Consisent with goals two and five of the University's Learning and Teaching Plan (2007-2010) to "promote quality and innovative teaching" and to "enhance learning in an informatin rich environment", this four-Faculty project aims to create an environment that is conducive to the development of blended learning frameworks that will engage students. |
| Project title: | Enhancing Teaching of Economics of Competition for UG LAWS3016 Competition Law |
| Researcher: | Williams, B |
| Grant type: | Teaching Improvement and Equipment Scheme |
| Duration: | January-December 2008 |
| Funding: | $5,000 |
| Project title: | The Regulation of PGD in Australia and New Zealand : Assessing the Attitudes of Key Stakeholders |
| Researcher: | Karpin, I & Bennett, B |
| Grant type: | USyd Bridging Support Grant |
| Duration: | January 2008-December 2008 |
| Funding: | $40,000 |
| Project summary: | This project aims to provide a critical analysis of the current Australian regulatory landscape at the interface between genetic technologies and reproductive decision-making and develop a series of policy and legislative recommendations. It involves a comparative analysis with other countries and international law and a contextual examination of the way law regulates concepts such as disease, disability and health. Specific genetic technologies will be considered including prenatal genetic testing, preimplantation genetic diagnosis and genetic modification. |
| Project title: | Regulating Reproductive Decision-Making in Australia and the Impact of Genetic Technologies |
| Researcher: | Karpin, I & Bennett, B |
| Grant type: | USyd Bridging Support Grant |
| Duration: | January 2007-December 2007 |
| Funding: | $20,000 |
| Project summary: | This project aims to provide a critical analysis of the current Australian regulatory landscape at the interface between genetics and reproductive decision-making and develop a series of policy and legislative recommendations. The project involves a comparative analysis with other countries and international law and a contextual examination of the way law regulates concepts such as disease and health, abnormality and normality. Specific genetic testing technologies will be considered including prenatal genetic testing, preimplantation genetic diagnosis and inheritable genetic modification. |
| Project title: | Workplace Death and Injury: Re-imagining Deterrence and Prosecution |
| Researcher: | McCallum, R, Jamieson, S & Schofield, T |
| Grant type: | USyd Bridging Support Grant |
| Duration: | January 2007-December 2007 |
| Funding: | $40,000 |
| Project summary: | This project aims to determine the deterrent capacity of recent legislation (2000) and administrative processes involved in OH&S prosecution in NSW. It seeks to advance current thinking about how the law and prosecution of OH&S infringement can contribute to preventing the mounting carnage and serious impairment that occurs in Australian workplaces. The project will provide fresh insights into legal deterrence of OH&S offences and identify pathways for legal prosecution in advancing the achievement of workplaces that ensure the health and well-being of Australian workers and their families, and improved economic productivity. |
| Project title: | Comparative Law: Human Rights and Common Law Approaches to Criminal Evidence and Procedure |
| Researcher: | Findlay, M |
| Grant type: | USyd International Visiting Fellowships |
| Duration: | November 2007-November 2008 |
| Funding: | $10,000 |
| Project summary: | USyd International Visiting Fellowship for Professor Ian Dennis from the Faculty of Laws, University College London. |
| Project title: | Beyond Sentencing: Transforming Justice in International Criminal Trials |
| Researcher: | Findlay, M |
| Grant type: | USyd International Visiting Fellowships |
| Duration: | November 2007-March 2008 |
| Funding: | $14,500 |
| Project summary: | USyd International Visiting Fellowship for Professor Ralph Henham from Nottingham Trent University, UK. |
| Project title: | Networking International and Comparative Criminal Justice Studies |
| Researcher: | Findlay, M |
| Grant type: | USyd International Program Development Fund - International Network Research Collaborations (IPDF-INRC) |
| Duration: | January 2008-December 2008 |
| Funding: | $5,000 |
| Project summary: | To further develop a formative network of scholars and justice professionals in the fields of international and comparative criminal justice, placing USyd at the centre of international research initiatives covering global justice, conflict resolution and peacemaking. The networks will foster dialogue between international justice professionals and socio-legal scholars to produce enduring, self-sustaining research and knowledge transfer collaborations. |
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| Project title: | WUN - University of Sydney Fellowship in International and Comparative Criminal Justice |
| Researcher: | Findlay, M |
| Grant type: | USyd International Program Development Fund |
| Duration: | January 2009-December 2011 |
| Funding: | $10,000 |
| Project summary: | This fellowship will support the research scholarship of the International and Comparative Criminal Justice Network and would also recognise the research missions of the principal donor institution and the WUN. The fellowship would be made available to Network participants or their nominees and would provide for travel and subsistence expenses, and where possible limited research support. Priority would be given to research projects which required the collaboration of a Network research team. |
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| Project title: | The Sydney Law School and Harvard Law School Staff Exchange Program |
| Researcher: | McCallum, R |
| Grant type: | USyd International Program Development Fund |
| Duration: | January 2008-December 2009 |
| Funding: | $10,000 |
| Project summary: | The Harvard Law School at Harvard University has agreed to enter into a staff exchange program with the Faculty of Law of the University of Sydney to foster collaboration and research. Already researchers at both law schools have co-operated in the areas of comparative constitutional law and taxation. It is hoped that this exchange will lead to further co-operation in the areas of human rights law, health law, and corporate and commercial law. |
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| Project title: | Law-full woman: an exploration of the self-determination of Aboriginal women's law, its colonisation and the possibility of the journey towards decolonisation, to the place of the law-full woman |
| Researcher: | Watson, I |
| Grant type: | USyd Postdoctoral Research Fellowship |
| Duration: | July 2005-July 2008 |
| Funding: | $241,600 |
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| Project title: | Promoting an Efficient Market for Water Rights: Clarifying the Impact of the Income Tax System |
| Researcher: | Black, C |
| Grant type: | USyd Research & Development Grant Scheme |
| Duration: | January 2007-December 2008 |
| Funding: | $10,000 |
| Project summary: | As part of the National Water Initiative, the Council of Australian Governments has agreed, as a priority, to establish a market for the trading of water rights. This project will determine the income tax consequences of such trading, as issue which has been given surprisingly little attention, and offer suggestions for reform. The results of this project would have significance to other jurisdictions in search of a best practice model. It also has potential to expand into a project to consider the impact of other forms of taxation as well as other environmental market-based mechanisms such as carbon emissions trading. |
| Project title: | Is the UK's new legal duty to promote equality a viable reform option for Australian gender equality laws? |
| Researcher: | Smith, B |
| Grant type: | USyd Research & Development Grant Scheme |
| Duration: | January 2007-December 2007 |
| Funding: | $15,000 |
| Project summary: | Australian sex discrimination laws have moderated blatant sex discrimination, but are poorly equipped to challenge structural barriers to substantive gender equality. Such barriers include work practices that assume employees have no family responsibilities, marginalizing womrn who disproportionately bear the load of caring work and creating work-family conflict. The United Kingdom has recently acknowledged limitations in its similar equality laws. Drawing on modern regulatory theory it has introduced innovative reforms, including an enforceable 'equality duty' requiring public authorities to be proactive in addressing inequality. This project will determine whether this innovation offers a viable reform option for Australian equality laws. |
| Project title: | Conflicts of Interest in the Investment Banking Industry: A Conceptual Framework and Comparative Study |
| Researcher: | Tuch, A |
| Grant type: | USyd Research & Development Grant Scheme |
| Duration: | January 2007-December 2007 |
| Funding: | $10,000 |
| Project summary: | The modern investment bank is a financial services conglomerate, the business structure of which makes conflicts of interest inevitable. The law has responded inadequately to this, with the result that regulatory uncertainty exists and public confidence in the integrity of financial markets has been undermined. This project will develop a conceptual frameowrk for classifying conflicts of interest and undertake a comparative study of the regulation of conflicts of interest in the industry. |
Law Faculty Grants
| Project title: | Law and Society Australia and New Zealand (LSAANZ) Annual Conference | |
| Researcher: | Loughnan, A | |
| Grant type: | Conference Seeding Grant | |
| Duration: | May 2008-December 2009 | |
| Funding: | $7,000 | |
| Project summary: | Seizing on the important event of the anniversary of the UN Declaration of Human Rights (1948), the 2008 LSAANZ Conference will bring together a range of international and domestic academics, legal practitioners, human rights activists, students and independent scholars to critically address the conference there, 'w(h)ither human rights?'. With such an important theme, this timely conference will have a high profile and it is vital that the principle organ for legal education and research at the University, the Faculty of Law, is properly represented in the University of Sydney 's sponsorship of this event. | |
| Project title: | 21st century challenges in evidence law: international and comparative perspectives | |
| Researcher: | Kumar, M | |
| Grant type: | Conference Seeding Grant | |
| Duration: | May 2008-December 2009 | |
| Funding: | $10,000 | |
| Project summary: | This conference will bring together leading international and Australian evidence scholars to present and discuss current issues and new perspectives in evidence scholarship and teaching. | |
| Project title: | The Future of Indigenous Legal Studies in Australian Law Schools | |
| Researcher: | Anthony, T | |
| Grant type: | Conference Seeding Grant | |
| Duration: | January 2008-December 2008 | |
| Funding: | $5,000 | |
| Project summary: | In recent years Australian law schools have increasingly embraced Indigenous legal issues in their core and elective curricula. In part this has been catalysed by the recognition of native title in 1992. In part it is due to the ongoing overrepresentation of Indigenous people in the legal system. Arguably, it is also attributable to the rising consciousness in the academy of the importance of Indigenous justice. However, Indigenous issues continue to be under-represented in law curricula in proportion to their significance in and to the Australian legal system. Their significance arises of Indigenous peoples' engagement with the legal system, as well as the historical rights of Indigenous people within the legal system and to their own legal systems. This conference-encapsulated in the theme of 'The Future of Indigenous Legal Studies in Australian Law Schools'-seeks to promote cross-institutional dialogue (and potentially agreement) on the development and presentation of Indigenous Legal Studies in Australian law schools. It endeavours to create a working framework for the inclusion of Indigenous Legal Studies across core subjects. |
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| Project title: | Teaching Torts in an Age of Statutes | |
| Researcher: | McDonald, B & Rolph, D | |
| Grant type: | Conference Seeding Grant | |
| Duration: | January 2008-December 2008 | |
| Funding: | $5,000 | |
| Project summary: | As part of the National Water Initiative, the Council of Australian Governments has agreed, as a priority, to establish a market for the trading of water rights. This project will determine the income tax consequences of such trading, as issue which has been given surprisingly little attention, and offer suggestions for reform. The results of this project would have significance to other jurisdictions in search of a best practice model. It also has potential to expand into a project to consider the impact of other forms of taxation as well as other environmental market-based mechanisms such as carbon emissions trading. | |
| Project title: | Teaching Critical Criminology - an Australasian Perspective | |
| Researcher: | Anthony, T | |
| Grant type: | Conference Seeding Grant | |
| Duration: | March 2007-December 2007 | |
| Funding: | $10,000 | |
| Project summary: | This conference will provide a forum for innovative approaches to criminology teaching. Criminology teaching is of great significance to the Faculty as it provides an extensive undergraduate and postgraduate program. The focus on Critical Crimonology - which is a means of analysing the social axes of crime and the social control functions of the criminal justice system - is particularly relevant to teaching endeavours that go beyond rote learning and attempt to engage the analytical skills of students. | |
| Project title: | Julius Stone Centenary Conference | |
| Researcher: | Irving, H & Walton, K | |
| Grant type: | Conference Seeding Grant | |
| Duration: | January 2007-December 2007 | |
| Funding: | $10,000 | |
| Project summary: | The conference will be organised by the Julius Stone Institute of Jurisprudence. The Institute's objects include recognising, honouring and celebrating Julius Stone's outstanding contribution to legal scholarship. The main purpose of the conference is to encourage reflection by contemporary scholars on the key themes of Stone's work in jurisprudence and international law, and to recognise and honour Stone's legacy in bothAustralia and the world. | |
| Project title: | The environmental impact of law | |
| Researcher: | Lyster, R & Franklin, N | |
| Grant type: | Conference Seeding Grant | |
| Duration: | January 2007-June 2007 | |
| Funding: | $10,000 | |
| Project summary: | This symposium seeks to build on the underdeveloped understanding of the relationship between the environment and the law, in ways that are not traditionally envisaged. It intends to address such environmental issues from the perspective of non-environmental legal spheres such as Constitutional Law, Contract Law, Administrative Law and others. To be held in November 2006 and co-hosted by the Environmental Defender's Office, Sydney. | |
| Project title: | Governing Social Exclusion: Criminalisation, Isolation and Disadvantage in Sydney's West | |
| Researcher: | Lee, M | |
| Grant type: | Faculty R & D Scheme | |
| Duration: | January 2008-December 2008 | |
| Funding: | $12,000 | |
| Project summary: | Much has been expressed in the popular media and in political circles about social problems in specific areas of Sydney's West and South West. The so called 'Macquarie Fields Riot' in March 2005 focused attention on the plight of residents in some areas, however the public and governmental response to this disturbance was largely law and order focused; constructing the 'rioters' as 'bad' individuals lacking self control and thus in need of discipline. On the other hand some commentators spoke as if crime were a self evident outcome of disadvantage. My recent body of work has attempted to focus on the problem of social isolation or exclusion in some areas of Sydney 's west and how a sense of social isolation creates an enviormonment where crime and criminalisation occurs under some circumsatances. It has attempted to be attentive of the lack of services in many areas and the larger economic, political and social forces that have seen such areas excluded from Australia 's recent economic 'miracle'. This project seeks to begin a process of more specifically identifying and mapping areas of social isolation and exclusion and beginning the painstaking work of developing a body of empirical data to help us more fully understand the connection between social isolation/exclusion, criminalisation, policy and governance. |
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| Project title: | Principles of Contract Construction and the Role of Good Faith in Contractual Pre-emptive Rights | |
| Researcher: | Peden, E | |
| Grant type: | Faculty R & D Scheme | |
| Duration: | January 2008-December 2008 | |
| Funding: | $12,500 | |
| Project summary: | Pre-emptive rights are widely used, with little research ever having been carried out to explain and rationalise their operation. Significantly, pre-emptive rights bring together the three largest issues being debated in contract law scholarship, namely, formation of contracts, construction of contracts and the relationship between contract and property. Their use spans from the first right of refusal to purchase land or goods, to pre-emptive rights in shareholdings to pre-emptive right in joint venture enterprise especially in the mining and petroleum industry. There are hundreds of unreported cases that are very long because of the complex transactions involved; this more than anything else inhibited research into the legal principles governing these clauses. | |
| Project title: | The construction of the victim in determinations of criminal liability in medical settings | |
| Researcher: | Savell, K | |
| Grant type: | Faculty R & D Scheme | |
| Duration: | January 2008-December 2008 | |
| Funding: | $13,815 | |
| Project summary: | This project asks whether, in the context of a broader cultural turn toward utilitarian ethics, the medical management of seriously disabled individuals poses serious challenges for the criminal law of homicide. The project will draw upon current legal and policy debates around (1) the withdrawal of treatment in adults and children; (2) proposals to relax the prohibition on active killing; and (3) the sacrificial separation of conjoined twins. The primary focus will be to analyse the jurisprudence relating to 'end of life' medical treatment as an intermingling of distinct paradigms (family and criminal) which has been made possible, perhaps necessary, by the failure of criminal law theory to fully engage with the construction of the victim. | |
| Project title: | The Operation and Efficacy of Contractual Pre-emptive Rights | |
| Researcher: | Tolhurst, G | |
| Grant type: | Faculty R & D Scheme | |
| Duration: |
January 2008-December 2008 |
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| Funding: | $12,500 | |
| Project summary: | Pre-emptive rights are widely used, with little research ever having been carried out to explain and rationalise their operation. Significantly, pre-emptive rights bring together the three largest issues being debated in contract law scholarship, namely, formation of contracts, construction of contracts and the relationship between contract and property. Their use spans from the first right of refusal to purchase land or goods, to pre-emptive rights in shareholdings to pre-emptive right in joint venture enterprise especially in the mining and petroleum industry. There are hundreds of unreported cases that are very long because of the complex transactions involved; this more than anything else inhibited research into the legal principles governing these clauses. | |
| Project title: | Law School Visiting Fellow application for Professor Janet Dine from the Centre for Commercial Law Studies, Queen Mary, the University of London | |
| Researcher: | Armson, E | |
| Grant type: | Faculty Visitors Scheme | |
| Duration: | May 2008-October 2008 | |
| Funding: | $2,500 | |
| Project title: | Law School Visiting Fellow application for Professor Jonathan Simon of the Jurisprudence and Social Policy Department, School of Law, University of California, Berkeley | |
| Researcher: | Findlay, M, Lee, M & O'Malley, P | |
| Grant type: | Faculty Visitors Scheme | |
| Duration: | May 2008-October 2008 | |
| Funding: | $5,000 | |
| Project title: | Law School Visiting Fellow application for Professor Phil Scraton of the Institute of Criminology and Criminal Justice, School of Law, Queen's University, Belfast | |
| Researcher: | Stubbs, J, Lee, M & Mason, G | |
| Grant type: | Faculty Visitors Scheme | |
| Duration: | January 2008-June 2009 | |
| Funding: | $5,000 | |
| Project title: | A cross-jurisdictional study of customary law and Indigenous culture as mitigating factors in criminal sentencing | |
| Researcher: | Anthony, T | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $5,000 | |
| Project summary: | This project seeks to examine sentencing factors in NSW in comparison with other Australian jurisdictions, with a view to providing an overall assessment of sentencing principles for Indigenous offenders. It aims to position this study in the critical context of Law Reform Commission reports and international law. | |
| Project title: | Power and Rule in the Mekong Basin : The Dynamics of 'Hard' and 'Soft' Law in International Watercourse Governance | |
| Researcher: | Johns, F | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $3,219 | |
| Project summary: | Effective, responsive, coordinated governance is vital to maintenance of the fragile eco-system of the Mekong River Basin and the social, economic and political networks that depend upon its flourishing. Development of such a governance regime tailored to the field in question has, however, been impeded by the absence of any rigorous, critical mapping of the normative infrastructure of the Mekong River Basin, particularly its transnational 'soft law' dimensions. This project seeks to connect intra-regional developments in the law and policy of transboundary water governance with the broader tendencies and tensions within the international legal order by which they are, in part, informed. | |
| Project title: | Law and Celebrity - a comparative study | |
| Researcher: | McDonald, B, Loughlan, P & Rolph, D | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $5,000 | |
| Project summary: | This project will result in a book to be published by Federation Press. The book will explore the legal implications - particularly the protection of lack of protection - of a celebrity's reputation and personality in the modern technological age. | |
| Project title: | Re-regulating Common Risks in Japan : Product Safety, Consumer Credit, and Corporate Governance | |
| Researcher: | Nottage, L | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $5,000 | |
| Project summary: | Japan's 'lost decade' of economic stagnation over the 1990s has generated extensive legal and socio-economic, involving significant deregulation. Yet, as in other major post-industrial capitalist economies, it has been a 'gradual transformation'. The government has recently re-regulated areas characterised by risks commonly encountered by citizens in Japan and indeed world-wide. Manufacturers must now notify regulators about serious consumer product related risks. Consumer lenders face stricter interest rate caps. Securities regulation has been expanded and strengthened. This project considers whether this means a return to welfare-statism, or instead a "third way" balancing public and private interests in increasingly complex contemporary society. | |
| Project title: | New models of justice in response to violence against women: An analysis of two US cases studies | |
| Researcher: | Stubbs, J | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $5,000 | |
| Project summary: | This project forms part of a larger research program but is significant in itself. Debates about responses to violence against women (VAW) have been limited by a dichotomous characterisation of justice as retributive or restorative, and by the absence of empirical data concerning restorative justice (RJ). This project will draw on feminist theory to challenge that dichotomy and will document newly emerging models of justice for VAW. It will contribute much needed empirical data through two cases studies of innovative US programs and will inform debates about improving justice system responses to VAW. | |
| Project title: | The resolution of trans-national commercial disputes through international arbitration and enforcement of awards in the Asian region | |
| Researcher: | Triggs, G | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $5,000 | |
| Project summary: | While international commercial arbitration has flourished in legal and financial cities such as London, Paris and New York, efforts to promote the use of expert legal skills available in Sydney have been only moderately successful. The value of the proposed research lies in its emphasis on the use of international arbitration to resolve commercial disputes by states and companies within the Asian region, filling a gap in legal analysis that has tended to emphasise practice in the Northern hemisphere. | |
| Project title: | What do the 1995-2008 World Trade Organization ('WTO') disputes on the rules applying to agricultural trade indicate about the adequacy of the 1995 reforms and the trajectory of further reform? | |
| Researcher: | Williams, B | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | January 2008-July 2009 | |
| Funding: | $5,000 | |
| Project summary: | After many years of difficulty in applying the General Agreement on Tariffs and Trade (GATT) to agricultural trade, in the Uruguay Round of negotiations (1986-1995) the partied agreed on a programme of reform to be implemented under the new Agreement on Agriculture (AoA). It is proposed to analyse the outcomes of dispute settlement cases under the AoA between 1995 and the present so as to make some observations on the adequacy and suitability of the reforms adopted in 1995 and upon the impact of the decisions on the likely path of negotiations to further reform agricultural trade. | |
| Project title: | Managing Conflict in Higher Education | |
| Researcher: | Astor, H | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | November 2007-April 2009 | |
| Funding: | $5,000 | |
| Project summary: | This project examines conflict handling in universities. There are two parts to the project. The first is ana laysis of the involvement of Australian universities in litigation. The second involves case studies of Australian universities to discover how they handle conflict. The project will provide data that will assist universities to improve the ways in which they handle conflict and disputes and to reduce the considerable amount of money spent by universities on conflict handling, including litigation. | |
| Project title: | Implied and Prescriptive Easements, and Title by Registration Systems | |
| Researcher: | Burns, F | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | November 2007-April 2009 | |
| Funding: |
$3,000 |
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| Project summary: | The aim of this project is to consider the impact of title by registration systems on implied and prescriptive easements (or servitudes) in common law and civilian jurisdictions, using Australia, England and Scotland as the primary focus. The extent to which prescriptive and implied easements are accommodated within a title by registration system is a good litmus test for the extent to which title by registration systems have become hard edged and minimalist. Moreover, in the event that these kinds of easements vanish from the land law, due to the effect of the title by registration system and the demands for inviolable title, the question is whether it is necessary to implement other means of easement creation. | |
| Project title: | Contracting Out Public Service: The Search for Suitable Mechanisms | |
| Researcher: | Fridman, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | November 2007-April 2009 | |
| Funding: | $5,000 | |
| Project summary: | Increasingly the strained public sector is making use of private agencies to provide necessary services. Often specific projects take the form of public-private partnerships, the scope of which is defined by contract. For non-specific services, the public sector is often reliant on non-profit agencies or commercial enterprises. In this project we intend to explore the various means of organising such efforts with a view to defining applicable principles of governance and accountability and assessing whether current vehicles can be adapted appropriately. | |
| Project title: | Crime and Social Isolation in South Western Sydney: A Socio-Spatial Account of Global Forces and Local Consequences | |
| Researcher: | Lee, M | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | November 2007-April 2009 | |
| Funding: | $4,951 | |
| Project summary: | This project would seek to lay the foundations for a book on crime, criminalisation, social isolation and disadvantage in South Western Sydney as well as providing the basis for a grant application. Specifically the project would involve a research assistant (RA) producing, in consultation with the principle researcher (PR), an annotated bibliography for use in a book proposal / literature review / research proposal. The resulting book would build on the previous work of the PR (Lee 2004, Lee 2005, Lee 2006, Lee 2007) on crime, crime fear and social isolation and would seek to challenge simplistic political, media and popular explanations and images of 'crime prone' communities. | |
| Project title: | Strike Law in Australia: Australian Compliance with International Standards on the Right to Strike | |
| Researcher: | McCrystal, S | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | November 2007-April 2009 | |
| Funding: | $3,787 | |
| Project summary: | Conversion of PhD thesis into a book examining Australian compliance with international standards on the right to strike. New work, a new chapter is in draft form but the remainder of the thesis must be updated to accommodate Work Choices and international developments and reworked in book format. | |
| Project title: | A Conceptual History of the Criminal Law | |
| Researcher: | Loughnan, A | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | June 2007-November 2008 | |
| Funding: | $4,954 | |
| Project summary: | The aim of this research is to develop the framework for a project on the conceptual development of the criminal law. This research focuses on the conceptual development of the criminal law in the late modern era. It is in this era that the conceptual apparatus of criminal law in common law systems - including doctrines of mens rea, actus reus, causation, excuse and justification - developed. The processes by which these doctrines formalised - in significant part in the absence of appellate court structures - is of interest to criminal law scholars, legal theorists, historians and sociologists. The proposed research will build on existing research in this area by uniting an analysis of the conceptual structure of the criminal law with a study of the processes of criminalisation (according to which doctrines are enmeshed in principles and practices of ascribing criminal responsibility). | |
| Project title: | Re-regulating Consumer Credit: Australia, Japan and Beyond | |
| Researcher: | Nottage, L | |
| Grant type: | Legal Scholarship Support Fund | |
| Duration: | June 2007-November 2008 | |
| Funding: | $5,000 | |
| Project summary: | Consumer over-indebtedness has become a major socio-economic problem in Australia, Japan and other industrialised democracies. A common response has been to improve the insolvency regime for consumers. But attention is increasingly turning to ex ante measures to spread and minimise risks. Industry self-regulation i | |