Pub Date : 2023-12-19DOI: 10.1177/1037969x231223315
Nadia Hess, M. Giancaspro, David Plater
The shortage of law graduates outside the city raises adverse implications for access to justice for Australian regional, rural and remote (RRR), and Aboriginal communities. This article discusses an extracurricular educational initiative implemented at the University of Adelaide Law School in 2021 and 2022 geared towards contributing to a solution for this problem. The initiative consisted of a series of immersion and exposure trips throughout regional South Australia for law students with interest in pursuing regional employment. This article discusses the initiative, the pedagogical rationale as well as the impact of the program, providing a blueprint for other universities considering similar initiatives.
{"title":"Law beyond the glass skyscrapers: Encouraging law students to embrace regional life and practice","authors":"Nadia Hess, M. Giancaspro, David Plater","doi":"10.1177/1037969x231223315","DOIUrl":"https://doi.org/10.1177/1037969x231223315","url":null,"abstract":"The shortage of law graduates outside the city raises adverse implications for access to justice for Australian regional, rural and remote (RRR), and Aboriginal communities. This article discusses an extracurricular educational initiative implemented at the University of Adelaide Law School in 2021 and 2022 geared towards contributing to a solution for this problem. The initiative consisted of a series of immersion and exposure trips throughout regional South Australia for law students with interest in pursuing regional employment. This article discusses the initiative, the pedagogical rationale as well as the impact of the program, providing a blueprint for other universities considering similar initiatives.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":" 1110","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138960240","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 : 2023-12-06DOI: 10.1177/1037969x231218016
Monique Failla
This article argues that the recent changes to Australia’s rolling temporary protection regime do not mark a shift away from Australia’s flawed and unjust asylum system for two key reasons. First, the government did not repeal the temporary protection regime nor the fast track process. Secondly, the changes mobilise and perpetuate the inherent hostility of Australia’s asylum seeker policies targeting ‘irregular arrivals’. This article offers a critical analysis of the design and operation of Australia’s asylum system, as well as an examination of the 2023 changes and the political and journalistic discourse surrounding their announcement.
{"title":"Providing permanent protection to refugees in Australia: Real change or window dressing?","authors":"Monique Failla","doi":"10.1177/1037969x231218016","DOIUrl":"https://doi.org/10.1177/1037969x231218016","url":null,"abstract":"This article argues that the recent changes to Australia’s rolling temporary protection regime do not mark a shift away from Australia’s flawed and unjust asylum system for two key reasons. First, the government did not repeal the temporary protection regime nor the fast track process. Secondly, the changes mobilise and perpetuate the inherent hostility of Australia’s asylum seeker policies targeting ‘irregular arrivals’. This article offers a critical analysis of the design and operation of Australia’s asylum system, as well as an examination of the 2023 changes and the political and journalistic discourse surrounding their announcement.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"35 3","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138598086","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 : 2023-11-23DOI: 10.1177/1037969x231217302
Jenny Ng
Indigenous art has had longstanding issues with Australian copyright law, including the issue of collaborations in Indigenous art. In 2023, a related issue concerning allegations of ‘white interference’ surfaced. Those allegations highlighted the problem of forming ethical collaborations in the Indigenous arts industry relying on existing law. Partnerships between Indigenous and non-Indigenous people to produce art have also been validly made leading to collaborations known as the ‘new norm'. This article explores white interference, bad collaborations, and new norms in Indigenous art. It analyses existing legal protections and those proposed by IP Australia, the Productivity Commission, and a Parliamentary Standing Committee aimed at protecting communal Indigenous Knowledge and the rights of Indigenous artists.
{"title":"White interference, bad collaborations and new norms in Indigenous art: Can intellectual property law reforms fix this?","authors":"Jenny Ng","doi":"10.1177/1037969x231217302","DOIUrl":"https://doi.org/10.1177/1037969x231217302","url":null,"abstract":"Indigenous art has had longstanding issues with Australian copyright law, including the issue of collaborations in Indigenous art. In 2023, a related issue concerning allegations of ‘white interference’ surfaced. Those allegations highlighted the problem of forming ethical collaborations in the Indigenous arts industry relying on existing law. Partnerships between Indigenous and non-Indigenous people to produce art have also been validly made leading to collaborations known as the ‘new norm'. This article explores white interference, bad collaborations, and new norms in Indigenous art. It analyses existing legal protections and those proposed by IP Australia, the Productivity Commission, and a Parliamentary Standing Committee aimed at protecting communal Indigenous Knowledge and the rights of Indigenous artists.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"153 ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139246288","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 : 2023-11-02DOI: 10.1177/1037969x231209510
Jonathon Hunyor, Grace Gooley
We analyse the ‘law and order’ response to the COVID-19 pandemic in New South Wales and suggest that pandemic policing was just one example of the reflexive reach by governments for a punitive response to a social challenge. The pandemic response followed a trend toward securitisation, criminalisation and pre-emption of risk. This trend is also evident in a range of other laws and policing practices – the STMP, bail compliance checks, consorting laws and protest policing. We argue these are policy choices that are increasingly common in what has been described as the ‘preventive state’, where pre-emption of risk has become central. We suggest that, instead, the pandemic response should have focused on the needs of community and capacity building. This lesson must be applied to address the cascading physical and economic impacts of climate change.
{"title":"Pandemic policing and the preventive state","authors":"Jonathon Hunyor, Grace Gooley","doi":"10.1177/1037969x231209510","DOIUrl":"https://doi.org/10.1177/1037969x231209510","url":null,"abstract":"We analyse the ‘law and order’ response to the COVID-19 pandemic in New South Wales and suggest that pandemic policing was just one example of the reflexive reach by governments for a punitive response to a social challenge. The pandemic response followed a trend toward securitisation, criminalisation and pre-emption of risk. This trend is also evident in a range of other laws and policing practices – the STMP, bail compliance checks, consorting laws and protest policing. We argue these are policy choices that are increasingly common in what has been described as the ‘preventive state’, where pre-emption of risk has become central. We suggest that, instead, the pandemic response should have focused on the needs of community and capacity building. This lesson must be applied to address the cascading physical and economic impacts of climate change.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"22 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135876447","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 : 2023-11-01DOI: 10.1177/1037969x231212704
Alysia Blackham
There is a growing need for empirical legal research, and for lawyers and judges who are empirically literate. In this article, I consider the role legal education can and should play in achieving this empirical literacy, to enable law students and staff to be both skilled consumers and producers of empirical legal research. Drawing on a case study of initiatives at Melbourne Law School, I consider how empirical legal research could be embedded into law teaching, to better support the future of empirical legal scholarship.
{"title":"Empirical legal research teaching in Australia: Building an empirical revolution","authors":"Alysia Blackham","doi":"10.1177/1037969x231212704","DOIUrl":"https://doi.org/10.1177/1037969x231212704","url":null,"abstract":"There is a growing need for empirical legal research, and for lawyers and judges who are empirically literate. In this article, I consider the role legal education can and should play in achieving this empirical literacy, to enable law students and staff to be both skilled consumers and producers of empirical legal research. Drawing on a case study of initiatives at Melbourne Law School, I consider how empirical legal research could be embedded into law teaching, to better support the future of empirical legal scholarship.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"211 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135371360","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 : 2023-10-31DOI: 10.1177/1037969x231211620
Samuel Naylor
The report of the Royal Commission into the Robodebt Scheme was published in July 2023. It found that the scheme was a ‘costly failure of public administration, in both human and economic terms’. The Trial by Franz Kafka is a seminal literary metaphor for how bureaucracy can give way to corruption and dystopia. In a brief parallel reading, I show how the findings made by Commissioner Holmes conform with Kafka's blueprint of an absurd bureaucratic machine. I also explore some broader implications of this argument.
{"title":"Robodebt, Kafka and institutional absurdism in Australia","authors":"Samuel Naylor","doi":"10.1177/1037969x231211620","DOIUrl":"https://doi.org/10.1177/1037969x231211620","url":null,"abstract":"The report of the Royal Commission into the Robodebt Scheme was published in July 2023. It found that the scheme was a ‘costly failure of public administration, in both human and economic terms’. The Trial by Franz Kafka is a seminal literary metaphor for how bureaucracy can give way to corruption and dystopia. In a brief parallel reading, I show how the findings made by Commissioner Holmes conform with Kafka's blueprint of an absurd bureaucratic machine. I also explore some broader implications of this argument.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"65 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135863103","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 : 2023-10-31DOI: 10.1177/1037969x231211638
{"title":"The stillness of still life","authors":"","doi":"10.1177/1037969x231211638","DOIUrl":"https://doi.org/10.1177/1037969x231211638","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"207 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135928284","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 : 2023-10-29DOI: 10.1177/1037969x231208734
Dominique Allen, Adriana Orifici
Sex discrimination has been prohibited in the workplace for over 40 years. Yet even though sex discrimination persists, very few claims reach the courts each year. This Brief reports on the findings from a small interview study with Victorian lawyers which sought to identify the barriers that women face when contemplating whether to pursue a legal claim for sex discrimination at work.
{"title":"The barriers to pursuing workplace equality for women","authors":"Dominique Allen, Adriana Orifici","doi":"10.1177/1037969x231208734","DOIUrl":"https://doi.org/10.1177/1037969x231208734","url":null,"abstract":"Sex discrimination has been prohibited in the workplace for over 40 years. Yet even though sex discrimination persists, very few claims reach the courts each year. This Brief reports on the findings from a small interview study with Victorian lawyers which sought to identify the barriers that women face when contemplating whether to pursue a legal claim for sex discrimination at work.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136136854","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 : 2023-10-27DOI: 10.1177/1037969x231211374
{"title":"The national snub that set us back three decades","authors":"","doi":"10.1177/1037969x231211374","DOIUrl":"https://doi.org/10.1177/1037969x231211374","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136311495","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 : 2023-10-27DOI: 10.1177/1037969x231211368
{"title":"We go again","authors":"","doi":"10.1177/1037969x231211368","DOIUrl":"https://doi.org/10.1177/1037969x231211368","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136311347","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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