Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths ....Law, state sovereignty and religious terror: renewing the relevance of early modern political jurisprudence. Modern political thought has lost touch with early modern political jurisprudence. Premised on this hypothesis, the project reconstructs the historical role of political jurisprudence as the discipline that conferred legitimacy on the sovereign state under the rule of law, the great invention to end religious war. As a vital instrument of peaceful coexistence among Europe's warring faiths, this early modern discipline is directly relevant to today's renewed concerns with public security against religious terror. The project will both recover the relevance of political jurisprudence, and provide a major historical corrective to anti-juridical and anti-statist research agendas.Read moreRead less
Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States ....Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States jurisprudence - can explain and guide the courts in other democratic countries. Its comparative and theoretical innovation will place Australian scholarship at the forefront of a central problem in modern political life and enrich scholarly and public debate.Read moreRead less
Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE230101646
Funder
Australian Research Council
Funding Amount
$446,593.00
Summary
Regulating predictive technologies for preventive counterterrorism . This project aims to improve the legal regulation of predictive technologies for preventive counterterrorism measures. The project expects to generate new knowledge in counterterrorism law and policy using doctrinal, comparative, and empirical methods. In particular, the project collects data on the United Nations Security Council’s resolutions mandating collection, sharing, and use of predictive technologies to strengthen glob ....Regulating predictive technologies for preventive counterterrorism . This project aims to improve the legal regulation of predictive technologies for preventive counterterrorism measures. The project expects to generate new knowledge in counterterrorism law and policy using doctrinal, comparative, and empirical methods. In particular, the project collects data on the United Nations Security Council’s resolutions mandating collection, sharing, and use of predictive technologies to strengthen global counterterrorism, and examines how these resolutions influence security and human rights in Australia and its security partners. Expected outcomes include recommendations for improving the laws governing the use of predictive technologies and strengthening security, individuals’ human rights, and the rule of law.Read moreRead less
Special Research Initiatives - Grant ID: SR0354764
Funder
Australian Research Council
Funding Amount
$10,000.00
Summary
Network on Integrated Regulation of Biotechnology: Law, Science and Ethics - The Bioreg Network. The Bioreg Network aims to coordinate the generation of innovative regulatory strategies and legally and ethically sound standards based on high-level scientific research results across disciplinary, organisational, institutional and jurisdictional boundaries in the area of biotechnology regulation. It will encourage open exchange of information and sharing of resources, development and implementati ....Network on Integrated Regulation of Biotechnology: Law, Science and Ethics - The Bioreg Network. The Bioreg Network aims to coordinate the generation of innovative regulatory strategies and legally and ethically sound standards based on high-level scientific research results across disciplinary, organisational, institutional and jurisdictional boundaries in the area of biotechnology regulation. It will encourage open exchange of information and sharing of resources, development and implementation of coherent and integrated research plans among researchers working on topics of common interest. The bringing together of academic, government, private research and regulatory organisations into one Network will generate long-term interactions resulting in a wide range of research programs addressing aspects of all four National Research Priority Areas.Read moreRead less
Drug Companies, their Patenting Strategies and High-Cost Pharmaceuticals: An Empirical Investigation. Pharmaceuticals are a vital part of clinical services that maintain and improve Australia's health; they are also costly, absorbing a substantial proportion of the national health expenditures. By conferring market protections, the patent system helps the manufacturers of pharmaceuticals to recoup the high costs of research associated with developing new products. Abuses of the patent system by ....Drug Companies, their Patenting Strategies and High-Cost Pharmaceuticals: An Empirical Investigation. Pharmaceuticals are a vital part of clinical services that maintain and improve Australia's health; they are also costly, absorbing a substantial proportion of the national health expenditures. By conferring market protections, the patent system helps the manufacturers of pharmaceuticals to recoup the high costs of research associated with developing new products. Abuses of the patent system by pharmaceutical manufacturers have the potential to stifle competition and inappropriately raise the costs of pharmaceuticals to society. This innovative, cross-disciplinary, research will investigate the existence of abusive patents and, if necessary, propose reforms that will prevent further abuse and reduce the size of the health budget. Read moreRead less
Designing world-class venture capital programs to support commercialisation of Australian research during and beyond an economic crisis. Government support of venture capital investment is vital for Australia’s economic prosperity. This project examines how foreign governments have tackled the effect of the financial crisis on such investment and provides policy options for ensuring Australia maintains internationally competitive programs in challenging economic times.
Special Research Initiatives - Grant ID: SR0354765
Funder
Australian Research Council
Funding Amount
$10,000.00
Summary
Developing a multidisciplinary international research network focussed on maximizing the social and health benefits to Australia of human genetic technologies. The initiative will build upon the Centre for Law and Genetics' existing informal networks, resources and infrastructure with the aim of constructing an Australian based multidisciplinary research network, with extensive functional global links. The network will be designed to facilitate and coordinate collaboration across disciplines, in ....Developing a multidisciplinary international research network focussed on maximizing the social and health benefits to Australia of human genetic technologies. The initiative will build upon the Centre for Law and Genetics' existing informal networks, resources and infrastructure with the aim of constructing an Australian based multidisciplinary research network, with extensive functional global links. The network will be designed to facilitate and coordinate collaboration across disciplines, institutions and geographic boundaries to address the legal, ethical, social, and policy implications of human genetic technologies. It will aim to maximise the social and health benefits in the most effective, efficient and economic manner; avoiding duplication and promoting the free exchange of ideas and information, and fostering cooperative effort on a global scale.Read moreRead less
Rebuilding fiscal federalism in Australia: reforming the financial relationship between the Commonwealth and the States. The finances of the Australian States in the modern day face serious structural challenges. The aim of this project is to analyse and develop appropriate alternatives for reform of fiscal federalism in Australia, which would allow the States to gain access to income tax revenue as a secure source of funding in the future.