Pub Date : 2024-09-04DOI: 10.1177/1037969x241281181
{"title":"Coming, ready or not","authors":"","doi":"10.1177/1037969x241281181","DOIUrl":"https://doi.org/10.1177/1037969x241281181","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"101 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-26DOI: 10.1177/1037969x241267701
Nicola Ross, Wendy Foote, Kate Davies
Australian child protection systems are being challenged to find more effective ways of responding to the needs of children and families. This article describes legal processes that govern children’s removal from their families and queries whether we are doing enough to prioritise children’s relationships with their families. The court’s capacity to review the decisions of state welfare authorities and evaluate risks of children being removed is considered with reference to research with stakeholders and a recent case in the NSW Children’s Court. The authors argue that reforms which emphasise family inclusion and address power differentials could provide better outcomes for children.
{"title":"Family inclusion in child protection: Law, courts and balancing risks","authors":"Nicola Ross, Wendy Foote, Kate Davies","doi":"10.1177/1037969x241267701","DOIUrl":"https://doi.org/10.1177/1037969x241267701","url":null,"abstract":"Australian child protection systems are being challenged to find more effective ways of responding to the needs of children and families. This article describes legal processes that govern children’s removal from their families and queries whether we are doing enough to prioritise children’s relationships with their families. The court’s capacity to review the decisions of state welfare authorities and evaluate risks of children being removed is considered with reference to research with stakeholders and a recent case in the NSW Children’s Court. The authors argue that reforms which emphasise family inclusion and address power differentials could provide better outcomes for children.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"30 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-26DOI: 10.1177/1037969x241275789
Isabel Kallinosis
This article examines the inclusion of the right to self-determination in existing models of state and territory human rights legislation and proposes its inclusion in a future human rights act in New South Wales (NSW), to advance the rights of First Peoples in the criminal justice system. I explore how this would provide a mechanism for state restraint and a legal framework for prioritising self-determined First Nations critique, research and service delivery in carceral systems. The role of courts in holding the state to account and developing legal pluralism in rights jurisprudence is also discussed.
{"title":"Beyond the Preamble: Legislating the right to self-determination in a NSW Human Rights Act","authors":"Isabel Kallinosis","doi":"10.1177/1037969x241275789","DOIUrl":"https://doi.org/10.1177/1037969x241275789","url":null,"abstract":"This article examines the inclusion of the right to self-determination in existing models of state and territory human rights legislation and proposes its inclusion in a future human rights act in New South Wales (NSW), to advance the rights of First Peoples in the criminal justice system. I explore how this would provide a mechanism for state restraint and a legal framework for prioritising self-determined First Nations critique, research and service delivery in carceral systems. The role of courts in holding the state to account and developing legal pluralism in rights jurisprudence is also discussed.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"30 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-22DOI: 10.1177/1037969x241269204
Brooke Greenwood, Sarah Schwartz, Susan Wnukowska-Mtonga
Over the last 50 years, the practice of progressive law in Australia has drifted from radical, change-focused origins to a more cautious and limited approach. The theory of rebellious lawyering offers an evolving and principled model that can assist a new generation of Australian lawyers seeking to build the power of grassroots movements for transformative social change. As progressive law in Australia emerges from decades of funding instability and contracting ambition, a return to our rebellious roots – through talking, writing, strategising and building connections between lawyers working with impacted communities – is exactly what is needed.
{"title":"Returning to rebellious roots: What rebellious lawyering can offer progressive law in Australia","authors":"Brooke Greenwood, Sarah Schwartz, Susan Wnukowska-Mtonga","doi":"10.1177/1037969x241269204","DOIUrl":"https://doi.org/10.1177/1037969x241269204","url":null,"abstract":"Over the last 50 years, the practice of progressive law in Australia has drifted from radical, change-focused origins to a more cautious and limited approach. The theory of rebellious lawyering offers an evolving and principled model that can assist a new generation of Australian lawyers seeking to build the power of grassroots movements for transformative social change. As progressive law in Australia emerges from decades of funding instability and contracting ambition, a return to our rebellious roots – through talking, writing, strategising and building connections between lawyers working with impacted communities – is exactly what is needed.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"12 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-14DOI: 10.1177/1037969x241268331
Chisom Ihekwaba, Anne Hewitt
This article will consider the trajectory towards equality for same-sex attracted people in Australia and compare that to the reduction in legal rights in Nigeria over a comparable period. It will set out some of the critical legislative changes in both jurisdictions and consider why these countries are moving in radically different directions in relation to this issue.
{"title":"Forks in the road to equality: The path for same-sex attracted individuals in Australia and Nigeria","authors":"Chisom Ihekwaba, Anne Hewitt","doi":"10.1177/1037969x241268331","DOIUrl":"https://doi.org/10.1177/1037969x241268331","url":null,"abstract":"This article will consider the trajectory towards equality for same-sex attracted people in Australia and compare that to the reduction in legal rights in Nigeria over a comparable period. It will set out some of the critical legislative changes in both jurisdictions and consider why these countries are moving in radically different directions in relation to this issue.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"9 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-14DOI: 10.1177/1037969x241274421
{"title":"Legal chatbots: Can they really help, or is it all talk?","authors":"","doi":"10.1177/1037969x241274421","DOIUrl":"https://doi.org/10.1177/1037969x241274421","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"23 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-12DOI: 10.1177/1037969x241274477
David Brown
{"title":"‘Don’t dream it’s over … There’s a battle ahead’: The AltLJ 50 years on","authors":"David Brown","doi":"10.1177/1037969x241274477","DOIUrl":"https://doi.org/10.1177/1037969x241274477","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"237 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142190077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-08DOI: 10.1177/1037969x241267717
Robin Banks, Alice Taylor, Beth Goldblatt
In this essay, the authors consider the recent discrimination law decision of the Tasmanian Civil and Administrative Tribunal in relation to the ‘Ladies Lounge’, an artwork by Kirsha Kaechele at the Museum of Old and New Art in Hobart. The article first considers the question of whether there was unlawful direct discrimination before turning to the application of defences (referred to as ‘exceptions’ in the relevant legislation, the Anti-Discrimination Act 1998 (Tas)). The authors highlight the particular tensions that arise at the interface of law and art, particularly when the art seeks to create discomfort.
{"title":"A lounge of one’s own: Art, gender, discrimination and the law","authors":"Robin Banks, Alice Taylor, Beth Goldblatt","doi":"10.1177/1037969x241267717","DOIUrl":"https://doi.org/10.1177/1037969x241267717","url":null,"abstract":"In this essay, the authors consider the recent discrimination law decision of the Tasmanian Civil and Administrative Tribunal in relation to the ‘Ladies Lounge’, an artwork by Kirsha Kaechele at the Museum of Old and New Art in Hobart. The article first considers the question of whether there was unlawful direct discrimination before turning to the application of defences (referred to as ‘exceptions’ in the relevant legislation, the Anti-Discrimination Act 1998 (Tas)). The authors highlight the particular tensions that arise at the interface of law and art, particularly when the art seeks to create discomfort.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"84 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141932423","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-03DOI: 10.1177/1037969x241269205
Samuel Naylor
The political and social reaction to the High Court's decision in NZYQ is evidence of a deficit of constitutional culture in Australia: there has been a race to the bottom in public debate. This is against the background of the failed Voice referendum. Possible ways forward are discussed, and France is mentioned as counterpoint on the issue of constitutional culture.
{"title":"NZYQ and constitutional culture","authors":"Samuel Naylor","doi":"10.1177/1037969x241269205","DOIUrl":"https://doi.org/10.1177/1037969x241269205","url":null,"abstract":"The political and social reaction to the High Court's decision in NZYQ is evidence of a deficit of constitutional culture in Australia: there has been a race to the bottom in public debate. This is against the background of the failed Voice referendum. Possible ways forward are discussed, and France is mentioned as counterpoint on the issue of constitutional culture.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141932422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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