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Survive, Thrive Die. Law in End Times.

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

Following is a list of all abstracts with summary accepted for presentation at the Law and Society Association of Australia and New Zealand  (LSAANZ) 2019 Annual Conference. Abstracts are sorted alphabetically by paper title. Click on the title or ‘read more’ link to see full information.  You can also locate papers by using the A-Z index of all abstracts by title or the A-Z index of all authors and institutions.

Public Protests and Civil Disobedience: Scalpels or Axes for Stakeholder Rights?

Dr Manuel Jose Oyson CQUniversity Australia There is a resurgence of public protests and civil disobedience by socio-political movements that are fighting for a reversal or mitigation of climate change. This comes in the heels of a warning by the Intergovernmental Panel on Climate Change (IPCC) that the world community must mitigate and adapt to climate change to avoid catastrophic global climate impacts. Socio-political movements such as Extinction Rebellion and People’s Climate Movement have...

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Recognising the limits of modern medicine: Regulating the use of Do Not Attempt Resuscitation (DNAR) Orders in Ireland 

Lucy M Davis PhD Candidate, University of Limerick The development of cardiopulmonary resuscitation (CPR) in the last century was one of the most significant advancements in modern medicine. However, despite having life-saving potential in some cases, resuscitative measures may often be ineffective (Cooper, Cooper and Cooper 2006).  Recent Irish statistics, for example, identify only a 28% ‘survival to discharge’ rate for patients under 65 years of age and only a 13.7% survival rate for...

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Redress transgressions: Misconduct by legal practitioners in redress schemes

[icon name="home" class="" unprefixed_class=""] What's the good of lawyers? Panel Home Juliet Davis Griffith Criminology Institute, Griffith University The Australian Royal Commission into Institutional Responses to Child Sexual Abuse noted opposition to ‘legalism’ and ‘extensive involvement of lawyers’ as it developed its redress framework. However, survivors may benefit from legal assistance in navigating Australia’s complex National Redress Scheme for people who have experienced...

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Responding to climate change and (im)mobility in the Pacific: challenging state-centric approaches 

[icon name="home" class="" unprefixed_class=""] Panel home: Climate change, ‘natural’ disasters and law beyond the state Dr Fanny Thornton Faculty of Business, Government & Law, University of Canberra Indigenous struggles against and within the context of climate change deserve elaboration and analysis that reach beyond common conceptualisations involving national representation, global civil society mobilisation or multilateral negotiations. In the Pacific Islands region, various activist...

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Returning from Hell: The Exhumation of Mass Graves as Rectifying Historical Record

Dr Natalia Maystorovich Chulio The University of Sydney This paper examines the opening of graves after more than 80 years of silence and institutional denials as rectifying historical record. The exhumation offers a form of post transitional justice after years of impunity, however, the activities are undertaken by civil society. Because exhumations do not receive any institutional support, they remain completely open to the public. This has established mini field schools that inform...

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Security, the Nation and Birthright Citizenship: The Case of Canada

Professor Lois Harder Department of Political Science, University of Alberta This paper examines the extraordinary case of Minister of Citizenship and Immigration v. Vavilov to explore the instability of birthright citizenship as a basis for political belonging. Vavilov – currently under consideration by the Supreme Court of Canada – involves a contestation over the citizenship of a young man, born in Canada, to parents who have subsequently been exposed as Russian spies. If this sounds like...

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Significant Indigenous sites, reconciliatory inclusive/exclusion, and Indigenous displacement in cities in the neoliberal age

Associate Professor Deirdre Howard-Wagner Centre for Aboriginal Economic Policy Research, Australian National University In 2019, the Australian city of Perth topped the most liveable city list. The new Perth stadium built as a partnership between BHP Billiton and the Western Australian government was also recognised as the most beautiful stadium in the world at UNESCO Prix Versailles architecture and design awards. The city now hosts key national and international sporting events such as...

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Speaking otherwise – representation, repression, regression (PANEL HOME)

Dr Juliet Rogers University of Melbourne Professor Nan Seuffert Director, Legal Intersections Research Centre, School of Law, University of Wollongong Dr Sahar Ghumkhor University of Melbourne This panel considers three scenes of persecution, fetishisation and elimination that are either the ground zero or the outcomes of persecution. The papers examine the speech, as it is leveled at or emerges from the perceived needs of particular groups and bodies, and considers how legal and political...

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Speaking truth to power or “faux copro.” Coproduction in criminal justice

Dr Maggie Hall University of Western Sydney “Coproduction” is having a moment in social policy and research worldwide. In a  forthcoming book on “Coproduction in Criminal Justice” (Johns et al Routledge 2020) we hope to commence a discussion about coproduction in criminal justice, using international and Australian  case studies. The book examines the production of criminal knowledge including the interface between policy making , academic research, practice knowledge and lived experience. The...

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Strategies of denial and the Australian Royal Commission into misconduct in the banking, superannuation and financial services industry

Associate Professor Penny Crofts University of Technology Sydney The recently concluded Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry presented evidence of malfeasance, malpractice, and unethical and criminal behaviour by the banks. This paper analyses the narratives proffered by the banks that were reported on the front page of Australian media during the Royal Commission. Drawing upon Stanley Cohen’s ideas, this paper analyses the...

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Surviving rape trial process: The end of juries?

Professor Elisabeth McDonald University of Canterbury Paulette Benton-Greig University of Waikato In 2015 the New Zealand Law Commission proposed that trials involving allegations of sexual offending should be tried without juries (The Justice Response to Victims of Sexual Violence (NZLC R136). Prior to that recommendation, which followed a public submission process, as well as since the release of the report, there have been many calls for the removal of the jury as fact finder in such cases,...

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Sydney’s Drinking Water Catchment: a legal geographical analysis of coal mining and water security

Dr Nicole Graham Sydney Law School, The University of Sydney Confounding the Enlightenment categories of ‘Nature’ and ‘Culture’, legal geography is a methodology used to demonstrate the vital entanglement of human and more-than-human worlds by revealing law’s agency in shaping place, and the agency of place in shaping law. A legal geographical analysis of Sydney’s drinking water catchment allows us to understand this place as neither a ‘natural’ nor ‘cultural’ place, but as a dynamic...

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The Approach to non-marital couple relationships: a comparative analysis of Australia and South African law

[icon name="home" class="" unprefixed_class=""] Panel Home: The end of economic inequality? Discussions about social security systems in Australian and international contexts Alida Vrey Griffith Law School The cohabitation and formation of non-married couple relationships has becoming significantly popular within modern society. The need for recognition and regulation of these relationships has thus developed within law. Recent research has however brought these recognitions under scrutiny,...

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The Betrayed Promise of the End of Order: Apocalypse Narratives as an excuse for complacency

Mr Keelan Parker Southern Cross University Post-apocalyptic narratives - whether literary, in games, or in ordinary thinking - take as their central precept the idea that the existing society’s order – however it was constructed – has broken down and failed. Such narratives are thus placed at the edge of a revolutionary turn away from what-was and what-is to what-will-be. However, such narratives almost uniformly instead revert to examining what-was as the primary, or only, means of...

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The Choice of Evils

Professor Vera Bergelson Rutgers University School of Law Increasingly often, society and individuals have to face dramatic, “End Times” questions:  is torture of a suspected terrorist permissible? May the state shoot down a hijacked plane with hundreds of passengers onboard?  May the victims of a hurricane loot nearby stores to provide for their families?  All these tantalizing questions have one thing in common:  they don’t have a perfect solution.  The only choice available is between two...

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The compassion deficit in environmental law. Is there a problem with allowing species to go extinct!

Professor Afshin Akhtar-Khavari QUT Several high-profile 2019 Australian legal cases and policy decisions have favoured approvals for development activities, despite the evidence that certain species could become extinct or will actually go extinct. Looking at environmental law using extinction as a problem helps to generate insights into the compassion deficit that’s seems to be inherent in Australia’s collective and institutional environmental decision-making structures. Empathising and...

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The Effects of Female Genital Mutilation Law in Australia: Can the Subaltern Not Speak?

[icon name="home" class="" unprefixed_class=""] Speaking otherwise – representation, repression, regression Panel Home Professor Nan Seuffert University of Wollongong In 2015, in Australia’s first criminal trial for Female Genital Mutilation (FGM) resulted in the conviction of a mother of two girls, a midwife and an Amil (religious leader) from Sydney’s Dawoodi Bohra community.  The defence argued that a ‘ritualistic ceremony … that … did not involve any mutilation or any injury to either...

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The Employee Right to Disconnect

Professor Paul Secunda Marquette University Law School U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, email, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and...

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The end of ‘nature’: river management under climate change

Dr Erin O'Donell University of Melbourne Since 1997, river managers have acknowledged that sustainable river management means providing sufficient flows to meet ecosystem requirements, and water laws have gradually adopted requirements to maintain or protect flow regimes to support ecosystem health. However, the concept of environmental flows is typically constrained by what is considered to be the ‘natural’ flow in a given river, based on historical records. Climate change is forcing river...

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The End of Disenchantment? Settler Connection to Place

Professor Kirsten Anker McGill University Faculty of Law The reverse side of the story of colonisation as the dispossession of Indigenous peoples is that of deracinated settlers attempting to appropriate for themselves a land in which they had no historical roots, and no deep ecological knowledge. That appropriation was, and still is, effected by violence. But rather than decry this violence and the colonial tropes that support it as simply self-serving instruments of power and material...

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The end of economic inequality? Discussions about social security systems in Australian and international contexts (PANEL HOME)

Dr Lyndal Sleep (Panel Chair) Law Futures Centre, Griffith University Alida Vrey Griffith Law School Gemma Rodriguez Griffith Law School International debates about a universal basic income herald a possible end to social inequality through a universal economic safety net for individuals from the vagrancies and adversity of the labour market. In Australia, studies about the how social security law entraps women in violent relationships show the need for a rethink of our heavily targeted social...

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The end of hope? Has law failed the survivors of sexual violence?

Dr Emma Henderson La Trobe Law School Dr Kirsty Duncanson La Trobe University Feminist law reform has failed to meet expectations of improved outcomes for survivors of sexual violence.  In fact, in Victoria, convictions in adult rape trials are at an all-time low.  It has long been supposed that barristers are partially responsible for the circulation of rape myths in trials.  Our hypothesis is that the way barristers are trained for trial might have something to do with this.  In this...

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The End of Parental Responsibility – Will Children Finally Thrive?

Dr Esther Erlings Flinders University ‘Yes, but the parents are responsible’. Virtually everyone is committed to children’s rights and for most this extends to what are traditionally known as participation and/or autonomy rights. Yet it is often difficult for adults to not only commit to children’s rights in theory, but to actually see the argument through. This is especially true if it means that challenges may be posed to parental power. The responsibility that parents carry implies that...

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The end of politics as we know it, and the changing role of the Law

Sophie Trevitt Australian National University (ANU) Could the plummeting confidence in political institutions open the door to a more engaged civic polity and a thickening of the rule of law? In Australia there is a cultural aversion for lawyers, practitioners, judicial officers to be seen as ‘political’ - notwithstanding the fact that the judiciary is the third arm of the Westminster system and the interpretation, application and enforcement of law is inherently political. This has not lead...

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