Pub Date : 2024-08-31DOI: 10.1080/10383441.2024.2397319
Penny Crofts
Big Tech holds out a mythology of exceptionalism – promising disruption and innovation, operating on a pristine, otherworldly, abstract, imaginary plane – that is, the immaterial rather than the ma...
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Pub Date : 2024-04-14DOI: 10.1080/10383441.2024.2341355
Sylvie Da Lomba, Rebecca Zahn
In this paper, we deploy a critical framework based on Edward Said's concept of Orientalism to offer novel insights into the 2014 judgment of the Court of Justice of the European Union in Elisabeta...
{"title":"Post-enlargement (free) movement in the EU: who really counts as EU CITIZEN? understanding Dano through the lens of Orientalism","authors":"Sylvie Da Lomba, Rebecca Zahn","doi":"10.1080/10383441.2024.2341355","DOIUrl":"https://doi.org/10.1080/10383441.2024.2341355","url":null,"abstract":"In this paper, we deploy a critical framework based on Edward Said's concept of Orientalism to offer novel insights into the 2014 judgment of the Court of Justice of the European Union in Elisabeta...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"28 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140615328","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 : 2024-03-11DOI: 10.1080/10383441.2024.2313937
Joanna Howe, Irene Nikoloudakis
The growth of temporary labour migration in Australia has been remarkable. Originally introduced as a discrete program, aimed at facilitating the entry of highly skilled temporary migrant workers, ...
{"title":"The evolution of Australia’s dedicated temporary skilled migration program: a bipartisan political journey from agreement to disagreement","authors":"Joanna Howe, Irene Nikoloudakis","doi":"10.1080/10383441.2024.2313937","DOIUrl":"https://doi.org/10.1080/10383441.2024.2313937","url":null,"abstract":"The growth of temporary labour migration in Australia has been remarkable. Originally introduced as a discrete program, aimed at facilitating the entry of highly skilled temporary migrant workers, ...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"21 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140154748","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 : 2024-02-03DOI: 10.1080/10383441.2024.2309106
Jessica Schaffer
The legal requirement of consent presumes women conduct their sexual relations in the twenty-first century from a place of increased sexual liberation and agency, concealing the sexual double stand...
{"title":"How narratives of female sexual agency conceal vulnerability to rape: an analysis from South Australian rape trials","authors":"Jessica Schaffer","doi":"10.1080/10383441.2024.2309106","DOIUrl":"https://doi.org/10.1080/10383441.2024.2309106","url":null,"abstract":"The legal requirement of consent presumes women conduct their sexual relations in the twenty-first century from a place of increased sexual liberation and agency, concealing the sexual double stand...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"304 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139752433","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 : 2024-01-12DOI: 10.1080/10383441.2024.2303937
Anna Zenz
The rise of commercial drone operations in Australia has led to increasing regulatory attention on this emerging aviation sector. For two decades, the Australian Civil Aviation Safety Authority has...
{"title":"Safety first: analysing the problematisation of drones","authors":"Anna Zenz","doi":"10.1080/10383441.2024.2303937","DOIUrl":"https://doi.org/10.1080/10383441.2024.2303937","url":null,"abstract":"The rise of commercial drone operations in Australia has led to increasing regulatory attention on this emerging aviation sector. For two decades, the Australian Civil Aviation Safety Authority has...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"5 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139458667","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 : 2023-11-19DOI: 10.1080/10383441.2023.2278363
Alice Taylor, Liam Elphick
Discrimination laws have long contained exceptions for otherwise unlawful discriminatory conduct. An increasing site of tension has been the exceptions granted to religious schools. These schools m...
长期以来，反歧视法对非法歧视行为都有例外规定。一个日益紧张的地方是给予宗教学校的例外。这些学校……
{"title":"Religious schools: a transparent right to discriminate?","authors":"Alice Taylor, Liam Elphick","doi":"10.1080/10383441.2023.2278363","DOIUrl":"https://doi.org/10.1080/10383441.2023.2278363","url":null,"abstract":"Discrimination laws have long contained exceptions for otherwise unlawful discriminatory conduct. An increasing site of tension has been the exceptions granted to religious schools. These schools m...","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"86 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138528487","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 : 2023-09-22DOI: 10.1080/10383441.2023.2260731
Meribah Rose, Chris Maylea
While the concept of clinical supervision is well-developed within clinical legal education, its application within broader legal practice is less explored. This paper aims to contribute to this emerging conversation by providing recommendations for the effective incorporation of clinical supervision within legal practice. The paper provides an initial overview of the current state of research on clinical supervision in legal practice, subsequently outlining the benefits and key considerations for its implementation. The paper argues that clinical supervision can yield a multitude of benefits, including the reduction of burnout, minimisation of vicarious trauma, and enhancement of the quality of legal practice by fostering emotional and interpersonal skills. The paper further discusses the importance of self-reflection, debriefing, and supervision that facilitates self-care in the context of clinical supervision. The potential benefits of this approach extend to all members of the profession, from new lawyers to seasoned practitioners, and could lead to improved professionalism, reduced attrition, and enhanced wellbeing within the legal profession.
{"title":"The case for implementing legal clinical supervision within legal practice, and recommendations for best practice","authors":"Meribah Rose, Chris Maylea","doi":"10.1080/10383441.2023.2260731","DOIUrl":"https://doi.org/10.1080/10383441.2023.2260731","url":null,"abstract":"While the concept of clinical supervision is well-developed within clinical legal education, its application within broader legal practice is less explored. This paper aims to contribute to this emerging conversation by providing recommendations for the effective incorporation of clinical supervision within legal practice. The paper provides an initial overview of the current state of research on clinical supervision in legal practice, subsequently outlining the benefits and key considerations for its implementation. The paper argues that clinical supervision can yield a multitude of benefits, including the reduction of burnout, minimisation of vicarious trauma, and enhancement of the quality of legal practice by fostering emotional and interpersonal skills. The paper further discusses the importance of self-reflection, debriefing, and supervision that facilitates self-care in the context of clinical supervision. The potential benefits of this approach extend to all members of the profession, from new lawyers to seasoned practitioners, and could lead to improved professionalism, reduced attrition, and enhanced wellbeing within the legal profession.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136060540","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 : 2023-08-26eCollection Date: 2023-01-01DOI: 10.1080/10383441.2023.2249708
Nayeli Urquiza-Haas, Emilie Cloatre
This article explores how traditional healing is regulated in the island of Mauritius. Drawing on postcolonial Science and Technology Studies and their encounter with socio-legal studies, it maps the emergence of the Ayurveda and Other Traditional Medicines Act of 1990, pointing out the selectivity of the notion of 'tradition' and its entanglement to broader nation-making processes, born in the process of its independence from Britain. While the social and political histories embedded in the text of the law favour the authorisation of some healing traditions and not others, outside its scope, other practices persist, and triggering competing visions about the island's healing futures. By bringing into the frame the plurality of Mauritius's healing landscape, where different traditions coexist despite their ambiguous legal status, this article accounts for the tensions in the regulation of traditional medicine, where the law produces its own inclusions and exclusions, and mundane legalities of everyday healing become sites of broader political questioning about the relationship between law, science, and nation-making.
{"title":"In the shadow of the healing rainbow: belonging and identity in the regulation of traditional medicine in Mauritius.","authors":"Nayeli Urquiza-Haas, Emilie Cloatre","doi":"10.1080/10383441.2023.2249708","DOIUrl":"10.1080/10383441.2023.2249708","url":null,"abstract":"<p><p>This article explores how traditional healing is regulated in the island of Mauritius. Drawing on postcolonial Science and Technology Studies and their encounter with socio-legal studies, it maps the emergence of the <i>Ayurveda and Other Traditional Medicines Act of 1990</i>, pointing out the selectivity of the notion of 'tradition' and its entanglement to broader nation-making processes, born in the process of its independence from Britain. While the social and political histories embedded in the text of the law favour the authorisation of some healing traditions and not others, outside its scope, other practices persist, and triggering competing visions about the island's healing futures. By bringing into the frame the plurality of Mauritius's healing landscape, where different traditions coexist despite their ambiguous legal status, this article accounts for the tensions in the regulation of traditional medicine, where the law produces its own inclusions and exclusions, and mundane legalities of everyday healing become sites of broader political questioning about the relationship between law, science, and nation-making.</p>","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"32 1","pages":"236-258"},"PeriodicalIF":1.3,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10540354/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42243752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-16DOI: 10.1080/10383441.2023.2218232
Kevin Sobel-Read, Lisa Toohey, T. Gray, Daniel J. Toohey, Hannah Stenstrom
{"title":"Building bridges: using existing law to support the cultural self-determination of Aboriginal and Torres Strait Islander businesses and communities","authors":"Kevin Sobel-Read, Lisa Toohey, T. Gray, Daniel J. Toohey, Hannah Stenstrom","doi":"10.1080/10383441.2023.2218232","DOIUrl":"https://doi.org/10.1080/10383441.2023.2218232","url":null,"abstract":"","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"1 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44322670","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 : 2023-04-03DOI: 10.1080/10383441.2023.2243772
S. Butt
ABSTRACT In late 2022, Indonesia’s national parliament enacted a new Criminal Code, which replaced a 1918 Code introduced during Dutch colonial rule. Some provisions – such as those covering the death penalty, corporate liability and criminal settlements – have been relatively well received by reformists. But many other provisions have been widely and strongly criticised. While the Code claims to democratise, decolonise and consolidate Indonesian criminal law, this article demonstrates that it has achieved the opposite. It undermines democracy by seriously hampering free speech, including legitimate criticism of government officeholders and institutions. It reinstates offences imposed during the Dutch colonial era that were used against Indonesian nationalists pushing for independence, including Indonesia’s first president, Soekarno. And, far from bringing together Indonesia’s disparate regulatory sources of criminal law, the Code adds another layer of law to existing sui generis criminal statutes, which largely remain in effect. Worse, the new Code imposes conservative religious-based values allowing the state to interfere in citizens’ private sexual lives. The Code also appears to encourage subnational lawmakers to give effect to localised customary norms of criminal law, which might reflect even more conservative values and result in the prohibition of various expressions of sexuality, including homosexuality.
{"title":"Indonesia’s new Criminal Code: indigenising and democratising Indonesian criminal law?","authors":"S. Butt","doi":"10.1080/10383441.2023.2243772","DOIUrl":"https://doi.org/10.1080/10383441.2023.2243772","url":null,"abstract":"ABSTRACT In late 2022, Indonesia’s national parliament enacted a new Criminal Code, which replaced a 1918 Code introduced during Dutch colonial rule. Some provisions – such as those covering the death penalty, corporate liability and criminal settlements – have been relatively well received by reformists. But many other provisions have been widely and strongly criticised. While the Code claims to democratise, decolonise and consolidate Indonesian criminal law, this article demonstrates that it has achieved the opposite. It undermines democracy by seriously hampering free speech, including legitimate criticism of government officeholders and institutions. It reinstates offences imposed during the Dutch colonial era that were used against Indonesian nationalists pushing for independence, including Indonesia’s first president, Soekarno. And, far from bringing together Indonesia’s disparate regulatory sources of criminal law, the Code adds another layer of law to existing sui generis criminal statutes, which largely remain in effect. Worse, the new Code imposes conservative religious-based values allowing the state to interfere in citizens’ private sexual lives. The Code also appears to encourage subnational lawmakers to give effect to localised customary norms of criminal law, which might reflect even more conservative values and result in the prohibition of various expressions of sexuality, including homosexuality.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"32 1","pages":"190 - 214"},"PeriodicalIF":1.2,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47234643","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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