Special Research Initiatives - Grant ID: SR200201046
Funder
Australian Research Council
Funding Amount
$267,833.00
Summary
An Intergenerational Oral History of the Koori Courts. This intergenerational oral history project aims to capture the creation of the Koori Courts in Victoria: an innovative culturally appropriate response to the overrepresentation of Indigenous people in prisons. The project will capture this significant story while the key players are still with us. Outcomes include: building the capacity of Indigenous researchers, identifying insights into institutional change and creating a touring exhibit .... An Intergenerational Oral History of the Koori Courts. This intergenerational oral history project aims to capture the creation of the Koori Courts in Victoria: an innovative culturally appropriate response to the overrepresentation of Indigenous people in prisons. The project will capture this significant story while the key players are still with us. Outcomes include: building the capacity of Indigenous researchers, identifying insights into institutional change and creating a touring exhibition providing an accessible record of a turning point in Indigenous, legal and Australian history. Benefits for Indigenous communities and the wider Australian public include showcasing of an inclusive justice system, thereby supporting confidence in the rule of law.
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Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates an ....Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates another layer of regulation. Navigating this terrain is the responsibility of every academic and manager, but it is a complex, incoherent framework. Mapping it with an eye toward harmonization and coherence will better advance public goals, in particular improve access to research for impact and engagement.Read moreRead less
A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently ....A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently to manage and protect these valuable resources. The framework developed in this project will be adaptable to provide significant benefits to other fragile ecosystems in Australia.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE230100622
Funder
Australian Research Council
Funding Amount
$452,350.00
Summary
Ending Aqua Nullius: Sustainable and Legitimate Water Law in Settler States. This project aims to investigate how treaty and agreement making can lead to water law reform in settler colonial states. This project will use interdisciplinary approaches in Australia, Aotearoa New Zealand, Canada and the US to develop new knowledge of how Indigenous sovereignty shapes water law. Expected outcomes of this project include enhanced collaborations between researchers and Indigenous Peoples, evidence-base ....Ending Aqua Nullius: Sustainable and Legitimate Water Law in Settler States. This project aims to investigate how treaty and agreement making can lead to water law reform in settler colonial states. This project will use interdisciplinary approaches in Australia, Aotearoa New Zealand, Canada and the US to develop new knowledge of how Indigenous sovereignty shapes water law. Expected outcomes of this project include enhanced collaborations between researchers and Indigenous Peoples, evidence-based law and policy guidelines for ethical, pluralist water laws, and context-specific pathways for water law reform developed in partnership with Indigenous Peoples as part of Treaty-making. This should provide significant benefits, such as improving both the legitimacy and ecological sustainability of water law in Australia.Read moreRead less
Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and sc ....Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and scope of this problem of abusive constitutional change, as well as potential solutions through constitutional design. It will offer new theoretical insights for the field of comparative constitutional studies, and practical insights for policymakers in Australia and globally.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220100064
Funder
Australian Research Council
Funding Amount
$448,919.00
Summary
Socio-Legal Implications of Virtual Autopsies in Coronial Investigations. This project aims to assess how forensic imaging technology impacts coronial investigations in Australia. It expects to generate new knowledge on the implementation of post-mortem computed tomography in coronial investigations using a socio-legal approach. Expected outcomes include a framework for understanding how the technology has been developed in coronial investigations, and the social and legal effects of using virtu ....Socio-Legal Implications of Virtual Autopsies in Coronial Investigations. This project aims to assess how forensic imaging technology impacts coronial investigations in Australia. It expects to generate new knowledge on the implementation of post-mortem computed tomography in coronial investigations using a socio-legal approach. Expected outcomes include a framework for understanding how the technology has been developed in coronial investigations, and the social and legal effects of using virtual autopsies as a supplement or replacement of post-mortem dissections. This should provide significant benefits for stakeholders of the coronial process, through deeper understanding of how new technologies can be best implemented to improve the efficiency, accuracy and cost-effectiveness of coronial investigations.Read moreRead less
Regulatory power and corporate misconduct. This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern tha ....Regulatory power and corporate misconduct. This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern that these practices may lack transparency, be inefficient, fail to deter corporate misbehaviour, and operate to subvert individual justice and the rule of law. This project aims to address these concerns by developing detailed recommendations for reform based on an examination of the theory and practices of Australian and United States of America financial regulators.Read moreRead less
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Reconceiving Engagement with International Law in a Populist Era. This project seeks to address the fundamental problem of how to reconceive engagement by states with the international legal order, in the face of a sustained populist backlash. It proposes to develop a new analytical framework to evaluate the origins and impact of populist concerns about international law. Expected outcomes include detailed empirical studies of the extent to which countries with populist leaders have disengaged f ....Reconceiving Engagement with International Law in a Populist Era. This project seeks to address the fundamental problem of how to reconceive engagement by states with the international legal order, in the face of a sustained populist backlash. It proposes to develop a new analytical framework to evaluate the origins and impact of populist concerns about international law. Expected outcomes include detailed empirical studies of the extent to which countries with populist leaders have disengaged from the international legal order, and evidence-based recommendations to increase committed engagement by states with that order. Anticipated benefits include expanding national research and policy capacity in reinforcing the rules and institutions that support Australia’s security and prosperity.Read moreRead less
Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these ....Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these protections and maximise access to general insurance, particularly for socio-economically disadvantaged consumers. This should have benefits such as an increased uptake of general insurance and improved community resilience to natural disasters and other unforeseen events.Read moreRead less