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Survive, Thrive Die. Law in End Times.

Law and Society Association of Australia and New Zealand (LSAANZ) Conference Abstracts

Abolishing discriminatory aspects of an ancient culture: Ending caste discrimination in Australia

Dr Angelo Capuano Central Queensland University Like the United Kingdom (“UK”), Australia has received and continues to receive a large number of migrants from countries in south Asia. Whilst a migrant physically leaves south Asia, culture and beliefs that have been shaped by thousands of years of Hindu influence may subsist in the person. This includes the ancient and highly complex concept of caste. Mounting evidence supports the position that, in receiving migrants from south Asia, the UK...

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An Indefinite State: Theorizing Canada’s Migrant Detention Regime

Dr Jen Rinaldi Ontario Tech University Dr Shanti Fernando Ontario Tech University Following Giorgio Agamben, this paper will present Canada’s migrant detention regime as a zone of indistinction between the enactment and suspension of law. Legal scholars studying immigration and refugee law have found utility in Agamben’s analysis of the refugee camp as the biopolitical paradigm of the modern West, where a population is abandoned to a juridico-topographical state of exception. The way...

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Are Human Rights the Best Way to Fight for Social Justice for Sex Workers? Problematising the rights-based framework.

Ms Laura Graham Northumbria University Human rights have been a part of the sex workers’ rights movement discourse for many years, with the framework and language of rights being adopted to make headway across many jurisdictions to challenge oppressive laws and fight for social justice. Yet within this adoption of ‘rights’, there are complexities of ‘what’ rights and how are these being defined. In this paper, I ask what use is the human rights framework for assisting sex workers and the sex...

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Artificial Business Judgment

Prof. Caleb Griffin Belmont University College of Law A firm’s management and board of directors exercise control of the firm on behalf of its investors, and they are bound by fiduciary duties to act for the best interests of the firm and its shareholders. Specifically, they are bound by their fiduciary duties of loyalty and care. Although managers and directors can face liability for violating these duties, they receive broad protection in the form of the business judgment rule. The business...

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Changing Race: Fluidity, Immutability and the Evolution of Equal-Protection Jurisprudence in American Constitutional Law

Professor John Tehranian Southwestern Law School One of the bedrock principles of American constitutional jurisprudence is its commitment to provide heightened scrutiny to laws that distinguish amongst us on the basis of certain immutable traits.  But race—the very trait that has historically received the most searching form of scrutiny under modern equal-protection doctrine—is far more fluid than the law has traditionally recognized.  This Paper examines the mutability of race—both through...

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Climate change, ‘natural’ disasters and law beyond the state

Dr Rebecca Monson ANU College of Law, Australian National University Dr Caroline Compton UNSW Law, University of New South Wales Professor Daniel Fitzpatrick Faculty of Law, Monash University Dr Adil Hasan Khan Melbourne Law School, University of Melbourne Dr Fanny Thornton Faculty of Business, Government & Law, University of Canberra Legal scholars, disaster studies and humanitarian practitioners alike frequently recognise the challenges to state sovereignty and the rule of law associated...

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Climate Emergencies and Constitutional Habits

Dr Jocelyn Stacy University of British Columbia, Allard School of Law The last several years have revealed the unavoidable reality of climate-related disasters across Canada. At the same time, Canada has further entrenched its commitment to developing the Alberta oil sands with the concomitant risk of disaster from transporting fossil fuels. The risk of climate disaster is omnipresent, disaster harms are already borne by local communities, and law is everywhere implicated. In this paper, I...

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Climate rebellion and political resistance at the edge of chaos

Mr Aidan Ricketts School of Law and Justice, Southern Cross University As climate change destabilises our ecological world it also destabilizes our social world. Rising climate rebellion in Australia is being met with a corresponding political and legal resistance in the form of new laws against protest. This paper documents the emergence of anti-protest laws in a time of climate emergency and utilizes concepts derived from complexity theory to argue that an authoritarian response to climate...

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Commercial buildings in seismically active areas – does the law provide enough protection for users?

Dr Toni Collins University of Canterbury On Tuesday 19 March 2019 the Wellington Central library was suddenly closed indefinitely owing to it being at risk of collapse in the event of an earthquake. The announcement was made on Tuesday afternoon to take effect immediately and the entrance cordoned on Wednesday morning to prevent public access. This drastic action was taken as a consequence of a report delivered to the Wellington City Council by an engineering firm which had undertaken an...

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Culture in Conflict and Conflicts

Dr Shea Esterling University of Canterbury Inspired by Cassese who challenges us to think about international law as an on-going cosmopolitan project, which rather than being bereft of context is rooted in history, policy and ideology, this paper follows Cassese in its own fashion addressing the concept of cultural within international criminal law [ICL] as made manifest in the International Criminal Court [ICC].  Specifically, through exploring the 2016 judgment, The Prosecutor v. Ahmad Al...

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Digital Title, Simultaneous Settlement and the End of Land Law

Dr Sarah Keenan Birkbeck Law School The digitisation of land registry records and the associated move to digitise the legal process of conveying title to land (together referred to as ‘e-conveyancing’) raises profound questions for land law and political community. E-conveyancing involves a shift in decision-making authority from registry workers examining paper titles and paper forms, to a computer program processing digital code representative of title and of the various forms which must be...

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Disaster or Emergency? Could Knowing the Difference Counter the Rise of Exceptionalism?

Mr Sascha Mueller University of Canterbury The perception of what constitutes a disaster has been changing, both in the eyes of academics as well as the public. Traditionally, disasters were catastrophic events with grave impacts on the life and property of people, such as earthquakes, tsunamis, or humanitarian crises due to war. It was acknowledged that if a disaster was sufficiently grave, ordinary government could be unable mitigate its impact on society. For that reason, disasters often...

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Do it yourself? Experiences and case outcomes of victims of traffic accidents in a compensation process, with and without legal representation

What's the good of lawyers? Panel Home Iris Becx VU University Amsterdam Nieke Elbers Netherlands Institute for the Study of Crime and Law Enforcement Arno Akkermans . Kiliaan van Wees . Sonja Leferink . This paper examines the added value of legal representation in the (extrajudicial) civil law process of victims following a traffic accident in the Netherlands. In 60% of these personal injury cases, a legal representative is involved. The first...

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Don’t be so sensitive: Gendered Hate Speech and [the lack of] legal regulation in Australia

Nicole Shackleton La Trobe University As #MeToo and #TimesUp enter their second year, they continue to expand across various social media platforms. Accusations of sexual assault and harassment, particularly those against high profile male figures who have abused their positions of power, have led to resignations, terminations of employment and, in some cases, prosecution. The growth of these movements has been matched by a fierce backlash, and an unprecedented level of gendered hate speech...

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Duty Free Citizenship: The Case of Peter Thiel

Dr Jonathan Barrett SACL, Victoria University of Wellington Two meanings of ‘duty’ are relevant to this paper. The first relates to tax payable when goods cross borders. Hito Steyerl has analysed duty free art, and the free ports where the super-wealthy may store artworks, which commonly constitute a currency of liquid capitalism,  without paying normal customs duties. The second meaning of duty is the reciprocal of a right, and is used here in relation to social citizenship, whereby citizens...

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Economic Disadvantages and Access to Justice System: The Case of Unemployed People on Newstart Allowance in Australia

Shahadat Hossain University of Technology Sydney People experiencing economic disadvantages have limited access to justice system. Employment status is a key indicator of economic disadvantage. There is a link between employment status and vulnerability to legal problems in Australia. This paper argues that unemployed people currently dependent on new start allowance are vulnerable to legal problems and less able to resolve the problems they face. This paper addresses the obstacles the...

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End of Governance or A Need of Governance? : Regulating Social Media in a Post-Conflict Society

Darshana Sumanadasa Faculty of Law, University of Colombo Governance is no longer about governments. Non-state actors are heavily involved in setting standards for human behaviours, whether they know it or not. Regulation of the internet, and more specifically, social media, has taken on increased significance in the last decade. For instance, digital media scholars and civil society organisations alike allege that social media, especially Facebook posts may have contributed to increase the...

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Ensuring the Survival of the Tax System in the Event of a Major Nuclear Attack

Micah Burch Sydney Law School In 1967 the US government produced a plan designed to ensure the continued operation of the federal tax system in the event of “a major nuclear attack”. The assumptions on which the plan was based were horrific: they included that the number of casualties in the United States might number 100 million; that 50 per cent of the country’s real estate might be destroyed; and that its economy might be even more seriously disrupted than those figures suggest. The plan...

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