Pub Date : 2023-04-07DOI: 10.1177/1037969X231169064
J. Crowe
This article responds to Oscar Kawamata’s thought-provoking criticisms of the conception of law student well-being that I previously advocated in this journal. Kawamata argues that my objective model of well-being is unrealistic and unhelpful from his perspective as a law student, proposing instead a subjective account grounded in Buddhist philosophy. While acknowledging Kawamata’s valid concerns, I suggest that an idea of well-being with objective elements is still preferable to a purely subjective conception. Put simply, well-being does not just consist in changing your mind; sometimes, you need to change your life as well.
{"title":"Defining wellness in legal education: A reply to Kawamata","authors":"J. Crowe","doi":"10.1177/1037969X231169064","DOIUrl":"https://doi.org/10.1177/1037969X231169064","url":null,"abstract":"This article responds to Oscar Kawamata’s thought-provoking criticisms of the conception of law student well-being that I previously advocated in this journal. Kawamata argues that my objective model of well-being is unrealistic and unhelpful from his perspective as a law student, proposing instead a subjective account grounded in Buddhist philosophy. While acknowledging Kawamata’s valid concerns, I suggest that an idea of well-being with objective elements is still preferable to a purely subjective conception. Put simply, well-being does not just consist in changing your mind; sometimes, you need to change your life as well.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"140 - 142"},"PeriodicalIF":0.7,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48689378","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 : 2023-04-04DOI: 10.1177/1037969X231161626
Joanna Cui, C. Doyle, Lukas Carey
Children of incarcerated parents experience a range of vulnerabilities which have led to them being dubbed the ‘invisible victims’ of the criminal justice system. This article discusses the needs of children with incarcerated parents using recent literature describing children’s experiences during prison visitation suspensions caused by the COVID-19 pandemic. We then critically examine the human rights-based communications framework, as well as the challenges faced by children of incarcerated parents, in the Australian Capital Territory (ACT). We recommend corrective services around Australia retain alternative contact methods and consider introducing in-cell communication technology.
{"title":"Rethinking prison visitation for children with incarcerated parents: Lessons from the Australian Capital Territory","authors":"Joanna Cui, C. Doyle, Lukas Carey","doi":"10.1177/1037969X231161626","DOIUrl":"https://doi.org/10.1177/1037969X231161626","url":null,"abstract":"Children of incarcerated parents experience a range of vulnerabilities which have led to them being dubbed the ‘invisible victims’ of the criminal justice system. This article discusses the needs of children with incarcerated parents using recent literature describing children’s experiences during prison visitation suspensions caused by the COVID-19 pandemic. We then critically examine the human rights-based communications framework, as well as the challenges faced by children of incarcerated parents, in the Australian Capital Territory (ACT). We recommend corrective services around Australia retain alternative contact methods and consider introducing in-cell communication technology.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"97 - 101"},"PeriodicalIF":0.7,"publicationDate":"2023-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44653460","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 : 2023-03-07DOI: 10.1177/1037969x231161741
N. Rogers
In early 2022, an unprecedented flood event in Lismore, New South Wales plunged an entire community into trauma and chaos. I draw upon this event to highlight the imperative for climate activism in the academy. Activist research, and activist teaching in law classrooms, are already reshaping the law of the Holocene in response to the climate crisis and will increasingly do so. I suggest that, in light of their ecological privilege, academics must also modify their personal and professional conduct. We must all be climate activists, if only because climate will spare none of us.
{"title":"Stepping out of the ivory tower into fire and flood: Climate activism and the academy","authors":"N. Rogers","doi":"10.1177/1037969x231161741","DOIUrl":"https://doi.org/10.1177/1037969x231161741","url":null,"abstract":"In early 2022, an unprecedented flood event in Lismore, New South Wales plunged an entire community into trauma and chaos. I draw upon this event to highlight the imperative for climate activism in the academy. Activist research, and activist teaching in law classrooms, are already reshaping the law of the Holocene in response to the climate crisis and will increasingly do so. I suggest that, in light of their ecological privilege, academics must also modify their personal and professional conduct. We must all be climate activists, if only because climate will spare none of us.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"133 - 139"},"PeriodicalIF":0.7,"publicationDate":"2023-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41693373","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 : 2023-02-24DOI: 10.1177/1037969x231160313
{"title":"Capturing and caring for the natural world","authors":"","doi":"10.1177/1037969x231160313","DOIUrl":"https://doi.org/10.1177/1037969x231160313","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"2 - 2"},"PeriodicalIF":0.7,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41798095","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 : 2023-02-22DOI: 10.1177/1037969X231158879
Brendan Walker-Munro, Catherine Walker-Munro
Scholars have recently begun to explore the similarities between domestic violence and domestic terrorism. Both forms of offending rely on the use and threat of violence in conjunction with controlling behaviours to instil fear in their victims, and both forms of offending are predominantly committed by men. Yet despite these similarities, terrorism offences are treated as grave offences against the security of the nation-State, whilst domestic violence is not. The purpose of this paper therefore is to examine whether an amended control order framework – appropriately adapted to the unique criminological roots of domestic violence – might be a better mechanism for controlling these insidious crimes.
{"title":"Domestic violence as terrorism: Can control orders succeed where DV orders have failed?","authors":"Brendan Walker-Munro, Catherine Walker-Munro","doi":"10.1177/1037969X231158879","DOIUrl":"https://doi.org/10.1177/1037969X231158879","url":null,"abstract":"Scholars have recently begun to explore the similarities between domestic violence and domestic terrorism. Both forms of offending rely on the use and threat of violence in conjunction with controlling behaviours to instil fear in their victims, and both forms of offending are predominantly committed by men. Yet despite these similarities, terrorism offences are treated as grave offences against the security of the nation-State, whilst domestic violence is not. The purpose of this paper therefore is to examine whether an amended control order framework – appropriately adapted to the unique criminological roots of domestic violence – might be a better mechanism for controlling these insidious crimes.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"120 - 126"},"PeriodicalIF":0.7,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46259211","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 : 2023-02-21DOI: 10.1177/1037969x231159431
J. Patrick
The High Court decision in Pell v The Queen continues to be the subject of extensive academic controversy. In a pair of important articles, evidence and criminal law scholar Andrew Hemming has defended the Court’s decision. This rejoinder critiques Hemming’s defence (and, by extension, the High Court’s decision) on three grounds. First, because the decision conflates unchallenged testimony with honest and reliable testimony. Second, because it relies on ad hoc probabilistic determinations of discrete and unreplicable historical events. Third, because it fails to answer a key epistemological question: how could the High Court know more about what really did or did not happen in that sacristy than the jury?
{"title":"Respect for juries: A rejoinder to Hemming on Pell","authors":"J. Patrick","doi":"10.1177/1037969x231159431","DOIUrl":"https://doi.org/10.1177/1037969x231159431","url":null,"abstract":"The High Court decision in Pell v The Queen continues to be the subject of extensive academic controversy. In a pair of important articles, evidence and criminal law scholar Andrew Hemming has defended the Court’s decision. This rejoinder critiques Hemming’s defence (and, by extension, the High Court’s decision) on three grounds. First, because the decision conflates unchallenged testimony with honest and reliable testimony. Second, because it relies on ad hoc probabilistic determinations of discrete and unreplicable historical events. Third, because it fails to answer a key epistemological question: how could the High Court know more about what really did or did not happen in that sacristy than the jury?","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"116 - 119"},"PeriodicalIF":0.7,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42857116","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 : 2023-02-14DOI: 10.1177/1037969x231157798
K. Auty
{"title":"The Indigenous Voice to Parliament should make ‘small targets’ history","authors":"K. Auty","doi":"10.1177/1037969x231157798","DOIUrl":"https://doi.org/10.1177/1037969x231157798","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"3 - 4"},"PeriodicalIF":0.7,"publicationDate":"2023-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48731398","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 : 2023-02-09DOI: 10.1177/1037969x231157472
{"title":"Legal Studies: Coming of age: When should children be held criminally responsible for their actions?","authors":"","doi":"10.1177/1037969x231157472","DOIUrl":"https://doi.org/10.1177/1037969x231157472","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"73 - 73"},"PeriodicalIF":0.7,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44820091","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 : 2023-02-09DOI: 10.1177/1037969x231157476
{"title":"‘Sit down Girlie!’: Girlie Does a Deep Policy Dive","authors":"","doi":"10.1177/1037969x231157476","DOIUrl":"https://doi.org/10.1177/1037969x231157476","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"74 - 74"},"PeriodicalIF":0.7,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49631677","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}