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Dr Arlie Loughnan

Profile

Degrees

  • BA (Hons) (USyd)
  • LLB (Hons) (USyd)
  • LLM (NYU)
  • PhD (Lond)

Courses Taught

  • Civil and Criminal Procedure
  • Criminal Law
  • Advanced Criminal Law
  • Contemporary Challenges in Criminal Law (LLM/MCrim)
  • Legal Research 3

Areas of Interest

  • Criminal Law and Theory
  • Legal History
  • Legal Pedagogy


Brief Biographical Detail

Dr Arlie Loughnan joined the Faculty in 2007. She is a graduate of the University of Sydney (BA Hons 1 LLB Hons 1), New York University Law School (LLM) and London School of Economics (PhD).

Arlie's research concerns criminal law and the criminal justice system, with a focus on the relationship between legal doctrines, practices, institutions and knowledge. Her particular interests are constructions of criminal responsibility and non-responsibility, the interaction of legal and expert medical knowledges and the historical development of the criminal law.

Current projects include a monograph on mental incapacity doctrines in criminal law, Manifest Madness: Mental Incapacity in Criminal Law (OUP, 2012) and a co-authored text (with Mark Findlay and Thalia Anthony), Criminal Law and Process: Contexts and Problems (OUP, forthcoming).

Arlie's interest in criminal law theory continues doctoral work undertaken in the UK. Arlie completed a PhD in Law at the London School of Economics and Political Science (LSE). Arlie's doctoral thesis developed an interpretive analysis of mental incapacity defences in criminal law. At the LSE, Arlie taught Criminal Law and coordinated the Criminal Law Theory and Social Theory Group.

Arlie is a member of the Institute of Criminology and the Editor of the Institute's journal, Current Issues in Criminal Justice (with Dr Murray Lee). She has been a member of the NSW Law Society’s Criminal Law Committee since 2009. In 2010-11, she is the Academic Member of the NSW Bar’s Professional Conduct Committee (No. 2) (with Dr R. Shackel). In 2010, Arlie served as a member of the Panel of Expert Advisors for the NSW Law Reform Commission reference on Complicity.

In 2010-11, Arlie is the Secretary of the Australian Fulbright Alumni Association (AFAA). She is also a member of the Faculty’s Australian Law Teachers’ Association (ALTA) Organising Committee for the 2012 Conference.

Publications

Works in Progress | Books | Book Chapters | Refereed Journal Articles | Conference Papers | Other Academic Publications

Works in Progress

  • Loughnan, A, ‘The Asymmetry of Responsibility and Non-Responsibility in Criminal Law’

Books

  • Loughnan, A, ‘Manifest Madness’ (Oxford Monographs on Criminal Law and Justice series), OUP UK (April 2012)

Book Chapters

  • Loughnan, A, ‘The Expertise of Non-Experts: Lay and Expert Knowledges of Intoxication in Criminal Law’, in Herring, Regan, Weinberg and Withington (eds), Intoxication: Problematic Pleasures (Routledge, 2012) (forthcoming)
  • Loughnan, A (with Ward, T), 'Insanity in England and Wales, 1800-present day'' in Crozier, Oosterhuis and Wetzell (eds), Psychiatry and Criminal Responsibility: Comparative Historical Perspectives on Forensic Psychiatry (2012, Forthcoming)

Refereed Journal Articles

  • Loughnan, A, ‘The ‘Strange’ Case of the Infanticide Doctrine’, Oxford Journal of Legal Studies (forthcoming, 2012)
  • Loughnan, A, ‘Mental Incapacity Doctrines in Criminal Law’ (2012) 16(1) New Criminal Law Review 1
  • Loughnan, A, (with P Buchanan and R Grunstein), ‘Inappropriate Situational Sleepiness and the Law’ Sleep Clinics 2011 (forthcoming)
  • Loughnan, A, '"In a Kind of Mad Way": A Historical Perspective on Evidence and Proof of Mental Incapacity' (2011) 35(3) Melbourne University Law Review
  • Loughnan, A, ‘Understanding the Criminal Trial: A Response to Hock Lai Ho’ 32(3) Sydney Law Review (2010)
  • Loughnan, A, ‘Drink Spiking and Rock Throwing: The Creation and Construction of Criminal Offences in the Current Era’ (2010) 35(1) Alternative Law Journal 18-21
  • Loughnan, A, 'The Legislation We Had to Have? The Crimes (Criminal Organisations Control) Act 2009 (NSW)' (2009) 20(3) Current Issues in Criminal Justice 457-465
  • Loughnan, A (with Shackel, R), 'The Travails of Postgraduate Research in Law' (2009) 19 (1&2) Legal Education Review 99-132
  • Loughnan, A, '"Manifest Madness": Towards A New Approach to the Insanity Defence' (2007) 70(3) Modern Law Review 379-401

Conference Papers

  • Loughnan, A, ‘‘Since the Days of Noah: Lay and Expert Knowledges of Intoxication in Criminal Law’, Intoxication: Problematic Pleasures, Cambridge Socio-Legal Studies Group, Cambridge University, UK, March 2011.
  • Loughnan, A, ‘Bodies of Mind'?: An historical perspective on evidence and proof of Mental Incapacity', International Association of Law and Mental Health Congress, New York, USA, July 2009
  • Loughnan, A, ‘Putting Mental Incapacity Defences Together Again’, Australian Society of Legal Philosophy Annual Conference, University of Melbourne, June 2008
  • Loughnan, A, ‘Criminal Non-Responsibility on the Basis of Mental Incapacity: Towards An Interpretative Frame’, 23rd IVR Congress on Social and Legal Philosophy, Krakow, Poland, 1-8 August 2007
  • Loughnan A, ‘Where Reason is Dethroned’: A History of the ‘Defence’ of Intoxication, Workshop on Psychiatry and Criminal Responsibility: Legal, Medical and Historical Perspectives on Psychiatry in the Courtroom, University of Edinburgh, 8-9 March 2006
  • Loughnan A, ‘The Defence of Diminished Responsibility in England and Wales’, American Society of Criminology Annual Conference, Toronto, Canada, November 2005.
  • Loughnan A, ‘Manifest Madness: The History of the Insanity Defence’, International Association of Law and Mental Health Congress, Université De René Decartes, Paris, July 2005.
  • Loughnan A, ‘Infanticide in Australia and the UK’, British Society of Criminology Annual Conference, University of Portsmouth, July 2004 (Winner, Postgraduate Student Paper Prize)

Other Academic Publications

  • Loughnan, A, An Encyclopedia of Infanticide, B Bechtold & Graves (eds), Edwin Mellen Press: New York (2010) (Various entries)
  • Loughnan, A, Oxford Australian Law Dictionary, Oxford University Press Sydney (2010) (various entries)
  • Loughnan, A (with Berg, L), 'Preface' (2009) 4 Public Space: the Journal of Law and Social Justice
    Public Space: The Journal of Law and Social Justice
  • Loughnan, A, 'Book Review: R A Duff and S Green (Eds), Defining Crimes: Essays On The Special Part Of The Criminal Law' (2008) Criminal Law and Philosophy
  • Loughnan, A, (co-edited by Peter Cane and Joanne Conaghan)The New Oxford Companion to Law, Oxford University Press, Oxford (2008) (various entries)
  • Loughnan, A, 'Book Review: V. Tadros Criminal Responsibility’ (2007) 11(1) Edinburgh Law Review 137-140
  • Loughnan, A, ‘Lay Truth: The Role of Lay Understandings of Mental Illness in Mental Incapacity Defences’ (2005) 61 Criminal Justice Matters 36-37
  • Loughnan, A, 'Book Review: E. Mitchell Self-Made Madness: Rethinking Illness and Criminal Responsibility’ (2005) 68(3)Modern Law Review 517-520