Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII ....Improving online case law within the constraints of free access through heuristic linking and resulting discovery mechanisms. Better interconnections between cases and between cases and other documents, will improve the work of the judiciary, lawyers and legal researchers. Improved speed, accuracy and comprehensiveness of assessment of the legal implications of previous cases should result in better quality client advice and judicial decisions. The general public and business, for whom AustLII is the principal means of accessing law, will also benefit from better understanding of, and easier access to, the interconnections between the sources of law. Free access via AustLII's increasingly comprehensive coverage of Australian Courts and Tribunals means these innovations will be of immediate broad national benefit.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
Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will r ....Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress schemes established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms.Read moreRead less
The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for di ....The Legal Regulation of Behaviour as a Disability. People who exhibit socially challenging behaviour are increasingly defined in law as having a disability. This project explores the problem of how law should respond to this growing cohort, a problem that becomes more acute as advances in genetics and the brain sciences expand the set of socially unacceptable behaviours that are identified as biologically based. Using detailed case studies of the regulation of genetic screening of embryos for disability and the application of disability discrimination law to behavioural traits, the project is expected to determine how, if at all, law should regulate variant personality and behaviour.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE110100154
Funder
Australian Research Council
Funding Amount
$200,000.00
Summary
The World Legal Information Institute European law collection: effective access to European legal information in English for Australian researchers. This facility will provide the most comprehensive collection of free access English language databases of European legal materials (both national and supra-national) and allow citations of European cases and articles to be tracked, improving Australian research in European law.
Police Culture and Professionalism: A Follow-up Study of Recruits. This is a follow-up study of a longitudinal (1995-1997) research on police culture. The original research, based on a cohort of 150 police recruits, analysed the socialisation process and the development of concepts of police professionalism. The proposed study will track the careers of the cohort and examine any changes in attitudes to policing and professionalism since the original study. It will be the first study of its kind ....Police Culture and Professionalism: A Follow-up Study of Recruits. This is a follow-up study of a longitudinal (1995-1997) research on police culture. The original research, based on a cohort of 150 police recruits, analysed the socialisation process and the development of concepts of police professionalism. The proposed study will track the careers of the cohort and examine any changes in attitudes to policing and professionalism since the original study. It will be the first study of its kind in Australia and is expected to further the researcher's already recognised theoretical and practical contribution to the understanding of police culture and its relationship with the socio-political conditions of policing.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE0239672
Funder
Australian Research Council
Funding Amount
$277,000.00
Summary
AustLII: Creating national and regional infrastructure for all legal research. This is the third year of a project to develop an online national legal research facility at the Australasian Legal Information Institute (AustLII - http://www.austlii.edu.au/) comprising completion or creation of (i) a comprehensive national primary legal materials collection; (ii) key historical legal materials; (ii) a regional legal information service; (iv) a gateway facility to other Australian legal materials; ....AustLII: Creating national and regional infrastructure for all legal research. This is the third year of a project to develop an online national legal research facility at the Australasian Legal Information Institute (AustLII - http://www.austlii.edu.au/) comprising completion or creation of (i) a comprehensive national primary legal materials collection; (ii) key historical legal materials; (ii) a regional legal information service; (iv) a gateway facility to other Australian legal materials; (v) a core collection of secondary materials; and (vi) computing capacity necessary for research into large-scale computerisation of law.
The outcome will be to enhance the research productivity of all Australian legal researchers no matter where located, and to enhance AustLII's own capacity to carry out research into large-scale computerisation of law.
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The Subversion of Contemporary Performance-Based Pay - A Comparative Australian-US Study. The key national benefit from the project will be the development of a more informed basis for analysing, and making policy and regulatory decisions about executive remuneration, which is a matter of great community concern in Australia. The project will assess key provisions in Australian and US executive contracts, providing important comparative information about the structure and operation of performan ....The Subversion of Contemporary Performance-Based Pay - A Comparative Australian-US Study. The key national benefit from the project will be the development of a more informed basis for analysing, and making policy and regulatory decisions about executive remuneration, which is a matter of great community concern in Australia. The project will assess key provisions in Australian and US executive contracts, providing important comparative information about the structure and operation of performance-based pay schemes. The project will also examine whether systemic problems exist in executive remuneration, The results will assist policy analysts in identifying directions for legal reform, to address problems of non-alignment of interests in executive remuneration, thereby achieving fairer outcomes. Read moreRead less
Creating more consistent privacy principles through better interpretation and law reform: an Australasian initiative to resolve an international problem. More consistent information privacy principles at the core of Australia's privacy laws, and more consistency in interpretation, will result in greater efficiency for business and government, and better protection of human rights and consumer interests. In the health sector, consistency of privacy laws will facilitate better health through the d ....Creating more consistent privacy principles through better interpretation and law reform: an Australasian initiative to resolve an international problem. More consistent information privacy principles at the core of Australia's privacy laws, and more consistency in interpretation, will result in greater efficiency for business and government, and better protection of human rights and consumer interests. In the health sector, consistency of privacy laws will facilitate better health through the development of national online health infrastructure. Australasian privacy scholarship will obtain enhanced international recognition through a pioneering study of the comparative use of privacy case law for cross-national interpretation. 'Model IPPs' will aid the harmonisation of global privacy laws. Read moreRead less
Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo ....Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo and gamete donation and embryo disputes. We propose a pro-active consultative model that centres the needs and experiences of gamete and embryo donors and recipients. Our research will inform current and future modes of regulation of gamete and embryo donation and dispute resolution, including legislation, ethics guidelines and codes of practice.Read moreRead less