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February
JSI Seminar Series: Revamping Associative Obligations   View Summary
8 February 2017

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Revamping Associative Obligations

Speaker: Professor George Pavlakos, University of Glasgow

Ronald Dworkin was a defender of the idea that we have a general political obligation to obey the law of the state we live in. On his view, political obligations are moral obligations that extend over the range of persons who live within a political community and are associated with one another in a special way. Dworkin was probably the first philosopher to describe such obligations of political morality as associative but others, most notably Thomas Nagel, soon joined him.

In this paper, George Pavlakos argues for an interpretation of the Dworkinian associative account of political obligations that does not make political obligation dependent on the coercive institutions of the state. His interpretation relies on a distinction between two candidate explanations of the role social facts play in the determination of political obligations. The first submits that social facts are the sole grounds of political obligations, in the sense that those constitute the existence conditions of these. On this account political obligations depend on facts about the coercive institutions of the state. The alternative interpretation considers social facts merely as contributing factors to the existence of political obligations: the way in which they contribute is by triggering background moral reasons, which ultimately ground political obligations. In this, the second, interpretation, political obligations do not depend for their existence on facts about coercive institutions of the state.

George Pavlakos is Professor of Law and Philosophy at the School of Law, University of Glasgow. From 2007 to 2016 he was Research Professor of Globalisation and Legal Theory and director of the Centre for Law and Cosmopolitan Values at the University of Antwerp, Belgium. His research awards include two Alexander von Humboldt Fellowships, an FWO-Odysseus grant, a J.E. Purkyne Senior Research Fellowship (Czech Academy of Sciences) and a Fernand Braudel Senior Fellowship (EUI, Florence). He has held visiting and part-time positions at the Universities of Glasgow, Kiel, the UCLA Law School, the Cornell Law School and the Beihang Law School (Beijing). He is currently director of the Centre for Law and Public Affairs, Institute of State and Law, The Czech Academy of Sciences and a Visiting Professor at the Faculty of Law, University of Antwerp. His published work includes the monograph Our Knowledge of the Law (Hart Publishing, 2007) and has recently edited Reasons and Intentions in Law and Practical Agency (Cambridge University Press, 2015). He is also general editor of the book series Law and Practical Reason at Hart Publishing and joint general editor of the journal Jurisprudence published by Routledge.

CPD Points: 2

The Trump Administration - Likely Impact on International Law: An Australian Perspective   View Summary
8 February 2017

About the seminar

The inauguration of a new United States President has far reaching global effects - none more so than the election of President Trump, which has been accompanied by Republican majorities in the US House of Representatives and Senate, and the immediate ability to appoint a new Justice to the US Supreme Court.

In conjunction with the New York State Bar Association's Australian Chapter, the NSW Bar Association is hosting a special panel presentation and Q&A session to examine what the Trump administration might mean for international law and Australia in the next four years and beyond.

Presented by:

  • Professor Simon Jackman, CEO of the US Studies Centre
  • Professor Vivienne Bath, Professor of Chinese & International Business Law, University of Sydney
  • Dr Chris Ward SC, President of the Australian Branchof the International Law Association
  • Tim Castle, Deputy Chair of the LCA's International Law Section and NYSBA Australian Chapter Co-Chair, 6 St James Hall Chambers

Chaired by:
Dr Andrew Bell SC

Registration

**Registration is closedas seminarhas reached full capacity***


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CPD points = 1.5

George Winterton Memorial Lecture: Sir Owen Dixon Today   View Summary
16 February 2017

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Sir Owen Dixon Today

Presented by Professor William Gummow, AC QC.

About the lecture

More than half a century since his retirement and nearly 90 years since he joined the High Court, Sir Owen Dixon remains at the forefront of the judicial pantheon. Yet in the period following his death in 1972 some law teachers and even judges tended, to his detriment, to associate with Dixon the epithet "legalism"; this was seen to cloak undisclosed "policy choices" and, at best, as a crippling formalism. But even a cursory reading of decisions over the last 20 years reveals continued recourse to his judgments.

This paper seeks to indicate how Dixon's reputation was acquired and the characteristics of his thought and work which today sustain much of that reputation.

About the speaker

Professor William Gummow, AC QC is a former Justice of the High Court of Australia.

Professor Gummow completed his secondary education at Sydney Grammar School. He went on to study at the University of Sydney, where he graduated as Bachelor of Arts, and later Master of Laws, both with first-class honours. One of his lecturers was Sir Anthony Mason.

Professor Gummow was appointed a Companion of the Order of Australia (AC), Australia's highest civil honour, in 1997, and awarded the Centenary Medal in 2001. In 1992, The University of Sydney honoured Professor Gummow's scholarly contributions to the law by conferring him with an honorary doctorate in law (LLD).

Professor Gummow first practiced as a solicitor with law firm Allen Allen and Hemsley. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice, including banking law, intellectual property litigation, commercial transactions and some constitutional law.

After 10 years in practice as a solicitor, Professor Gummow was called to the New South Wales Bar in 1976. At the bar, his practice included equity, commercial, tax and intellectual property matters. It also included large constitutional issues and in many cases he appeared as a junior to then Commonwealth Solicitor-General, Maurice Byers. Professor Gummow was appointed a Queen's Counsel in 1986.

In the period 1965-1995 Professor Gummow lectured part-time in Equity and in Intellectual Property.

In 1986, Professor Gummow was appointed to the Federal Court of Australia. He was appointed to the High Court of Australia in April 1995, retired from the High Court in October 2012 and was appointed Professor of Law at the University of Sydney commencing February 2013. Since 2013 Professor Gummow has also been a Non-Permanent Judge of the Hong Kong Court of Final Appeal.

Chair

Professor Peter Gerangelos, The University of Sydney

CPD Points: 1

Click here for the George Winterton Memorial Fund gift form.

SCIL / CAPLUS Symposium: International Investment Arbitration Across Asia   View Summary
16 February 2017

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SCIL / CAPLUS Symposium: "International Investment Arbitration Across Asia"

Treaty-based investor-state arbitration (or ISDS more generally) is an increasingly topical issue, as FDI flows continue to grow, especially across Southeast Asia and the rest of the Asian region, and host states have begun to experience some claims brought by disgruntled foreign investors.

The symposium, organised by the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS) and the Sydney Centre for International Law (SCIL), with sponsorship from the Sydney Southeast Asia Centre and Herbert Smith Freehills, builds on the lively and timely conference funded by Chulalongkorn University's ASEAN Studies Centre in Bangkok on 18 July 2016, which compared the experiences and policy debates in each of the ten ASEAN member states. Those country reports are now being revised for review and eventual publication in a leading journal, with versions then being combined with papers on pan-Asian investment treaties and arbitration to be presented on 16 February 2017, for a co-edited book published by the same legal publisher.

This upcoming symposium will bring together leading experts from Southeast Asia, North Asia, India and Oceania, including several from institutional partners of The University of Sydney. It will help round off a major cross-institutional and interdisciplinary research project into international investment dispute management more generally, funded by the Australian Research Council since 2014. The annual SCIL "International Law - Year in Review" symposium will also take place the next day, on Friday 17 February 2017.

Speakers:

Discussants/ Chairs:


Click here for the draft program.


Click here for updates on the symposium.


Registration Fees (inc. GST):

Full Fee: $100
Alumni/Government Organisations: $90
Full Time Students/Academics/NGOs: $60


Organisers and Sponsors:

Centre for Asian and Pacific Law at the University of Sydney (CAPLUS)

Sydney Centre for International Law (SCIL)

Sydney Southeast Asia Centre

Herbert Smith Freehills


Media partner:

Transnational Dispute Management


Other upcoming events:


SCIL International Law Year in Review Conference

17 February 2017

The Sydney Centre for International Law at Sydney Law School is delighted to present the fifth International Law Year in Review Conference. The conference will give participants insight into the latest developments in international law over the preceding year, especially those most salient for Australia.

Click here for conference details and to register.


SCIL International Law Year in Review Conference   View Summary
17 February 2017

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**This event has reached full capacity and registration is now closed.**

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The Sydney Centre for International Law at Sydney Law School is delighted to present the fifth International Law Year in Review Conference, to be held at the Law School on 17 February 2017. The conference will give participants insight into the latest developments in international law over the preceding year, especially those most salient for Australia.

Speakers at the conference will include leading academics, practitioners and government lawyers, and will provide an in-depth and critical analysis of contemporary developments in international law, in areas including public international law and treaty-making, private international law, and regional approaches to international law. Participation will enable lawyers and non-lawyers alike to remain abreast of important trends in international affairs.

Highlights of the day will include a keynote address by Julian McMahon, Bali Nine defence counsel and Victorian of the Year; a special panel on international investment law in 2016, with speakers including Professor August Reinisch (Vienna) and Christopher Thomas QC (NUS); and a literary lunch with Miles Franklin Award-winning author Frank Moorhouse, whose works Grand Days, Dark Palace, and Cold Light, examined Australia's involvement in international law and international relations during the time of the League of Nations and early days of the UN.


Click here for a copy of the program


Registration (closed as event has reached full capacity)
Early Bird Full Day: $175 (extended closing date 31 January 2017)
Full day: $200 (after 31 January 2017)

Students: $99 (full day registration)

Morning sessions: $100 (includes morning tea and lunch)
Afternoon sessions: $100 (includes afternoon tea and cocktail reception)


Lawyers/barristers: full day attendance at this conference is equal to 6 CPD points.

ACCEL Environmental Law Year in Review Conference   View Summary
24 February 2017

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Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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The Australian Centre for Climate and Environmental Law at Sydney Law School invites you to its inaugural 'Year in Review Conference' on 24 February 2017, at our conveniently located premises in the Sydney CBD.

This event will bring together practitioners, academics, members of the NGO sector, government officials and students to hear about the implications of key developments in Climate and Environmental Law in 2016. These developments have implications going forward including in 2017.

Leading practitioners and academics will analyse and provide insights into major developments in 2016 which are of particular interest to practitioners, policymakers and academics.

Topics include legislative reforms to the New South Wales coastal management and biodiversity regimes, recent planning initiatives for Sydney, including the Greater Sydney Commission's District Plans, the new Wind Energy Planning Framework, and major cases, including challenges to the Carmichael and Shenhua Watermark coal mining projects, and the role of the courts in implementing the Paris Agreement.

Click here for a copy of the program


Registration (GST Inclusive)
Early Bird Full Day: $150 (closed)
Full Day: $175

SLS Students and Alumni: $80 (full day registration)

Morning Session: $100 (includes morning tea)
Afternoon Session: $100 (includes afternoon tea)

CPD Points: 6 for full day attendance

March
Tackling Australia's "Gangmasters": The Case for Labour Hire Licensing   View Summary
9 March 2017

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Tackling Australia's "Gangmasters": The Case for Labour Hire Licensing

Speaker: Professor Anthony Forsyth, RMIT University

Labour hire providers who engage in exploitation of vulnerable workers are Australia's modern-day equivalent of the industrial-era "gangmasters" in Britain. Over the last two years, the practices of these "rogue" labour contractors have finally come to light. They have received scrutiny by three state government inquiries, two federal parliamentary committees, and investigations by the Fair Work Ombudsman. The consistent picture emerging from these inquiries is one of underpayments, non-compliance with awards, and failure to observe health and safety, tax and superannuation obligations. Several of the inquiries have recommended the introduction of national or (failing that) state-based licensing schemes for the labour hire sector, modelled on the UK's Gangmasters and Labour Abuse Authority. Professor Forsyth will discuss these issues in this seminar, and examine the effectiveness of labour hire licensing and registration schemes internationally as a tool to combat the worst forms of labour market exploitation.

About the speaker
Anthony Forsyth is Professor in the Graduate School of Business and Law, RMIT University, Melbourne Australia; and Consultant with the national legal firm Corrs Chambers Westgarth (Employment Workplace & Safety Team). He is the co-author of the 6th edition of Creighton & Stewart's Labour Law (Federation Press, Sydney, 2016. In October 2015, Professor Forsyth was appointed by the Victorian State Government as Chair of the Independent Inquiry into the Labour Hire Industry and Insecure Work; and presented his Final Report to the Premier and Minister for Industrial Relations on 31 August 2016. His research interests cover collective bargaining; workplace dispute resolution; the regulation of trade unions; and labour hire/agency work. 

CPD Points: 1

This Sydney Law School event is co-sponsored by the Australian Labour Law Association.

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JSI Seminar Series: The Force in Law: Rethinking the Legal Relevance of Coercion   View Summary
9 March 2017

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The Force in Law: Rethinking the Legal Relevance of Coercion

Speaker: Triantafyllos (Tria) Gkouvas, Monash University

Analytic jurisprudence’s familiarity with recasting metaphysical disputes in modal terms is old enough to merit a legacy of its own. Traditionally investigations of modality concentrate on propositions about which things could or could not have been true in a variety of ways—metaphysical, epistemic, nomic, biological, normative. In the spirit of evaluating the truth of propositions by reference to how “secure” it remains in scenarios that are alternative to the way things actually are, legal philosophers of an analytic predilection are keen on testing the tenacity of jurisprudential truths across a broad spectrum of alternative ways in which governance by law can be manifested.  Familiar scenarios include cases where the enforcement of law is undertaken by a morally wicked regime or, conversely, cases where an angelic society is governed by laws which are not backed by legal sanctions. In the former scenario an ubiquitous enforcement mechanism sees to it that to every legal requirement there corresponds a sanction-based prudential requirement with overlapping content, whereas the latter scenario features an ostensive absence of official enforcement precisely because there is no prudential reason to disobey the law. This paper aspires to add some clarity and content to the idea that part of what halts substantial progress in the recently revived disagreement about the relationship between law and coercion is the fact that the standard treatment of this relationship is a component of the modalist tradition of regimenting the relationship between law and practical normativity.

In the first part, Tria Gkouvas shall argue that at least part of what makes the modal avenue a suboptimal option is the fact that modal claims about the relationship between law and coercion are systematically ambiguous with respect to whether they purport to have implications for our understanding of the efficacy or, conversely, the normativity of law. The second part of the paper offers a route for obviating the methodological confusion brought about by this constant oscillation between competing modal variants of the legal relevance of coercion. The punchline of Dr Gkouvas’s argument in favor of abandoning engagement with these parallel counterfactual disputes is that the hypothesis that both variants seem to suppress is that coercion is not primarily a problem about the normativity of legal obligations or the efficacy of legal institutions but a problem of their relationship. In this regard, the relevant disagreement can be recast as a problem about whether and how the possibility of coercion affects the production rather than the actual or prospective enforcement of legal obligations by the actions of legal institutions.

About the speaker

Triantafyllos (Tria) Gkouvas is a Postdoctoral Research Fellow at Monash University. He obtained his doctoral degree from the University of Antwerp. His doctoral thesis defends the possibility of metajurisprudential disagreement about the existence and the normative force of law. His current research is part of an ARC-funded project entitled "Construing Statutes: The Interaction Between a Statute's Linguistic Content and Principles of Statutory Interpretation", focusing on questions of metaphysical grounding in law and the nature of legal interpretation.

CPD Points: 2

Employment Relations and the Law Series 2017   View Summary
15 March 2017

 

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Please note: Online registrations must be paid by Mastercard or VISA. To arrange an alternative payment method, please contact law.events@sydney.edu.au
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This popular annual series is made up of 10 evening seminars and provides an introduction to the current regulation of employment and labour relations in Australia. Topics include the fundamentals of employer and employee rights and obligations under the Fair Work Act, the common law of employment, work health and safety and anti-discrimination law, as well as the regulation of collective bargaining and industrial action. Special interest topics include contemporary Issues - social media, workplace investigations, and equality and diversity in work with a focus on gender and accommodating workers with caring responsibilities.

Schedule

Wednesday evenings
6.15-8.15pm
15 March - 24 May 2017

Date

Topic

Presenter

15 March

Introduction

Joellen Riley

22 March

Fair Work System, NES, Awards

Jacquie Seemann

29 March

The Employment Contract

David Chin

5 April

Termination of employment

Kate Peterson

12 April

Enterprise Bargaining

Shae McCrystal

19 April

Break

26 April

Discrimination and diversity

Belinda Smith

3 May

Work Health and Safety

Ron McCallum

10 May

Contemporary Issues - Social Media

Elizabeth Raper

17 May

Workers with Caring Responsibilities

Belinda Smith

24 May

Workplace investigations

Jane Seymour

Seminars will be presented by experts from Sydney Law School and the profession including:

Registration fees (inc GST)
Full Fee Early bird (until 1 March): $990
Full fee (after 1 March): $1,200
Group (3+from the same org.): $900 pp
Sydney Law School Alumni: $792
University of Sydney Staff: $495

To register click here

Seminar series flyer

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Further study options:

Labour Law Units on offer in 2017(see highlighted units)

You can enrol in these unit as part of either Sydney Law School's Postgraduate Program or register as part of our Continuing Professional Development (CPD) initiative, Professional Plus+ with our without assessment.

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Law & Business Seminar: Crowdfunding Securities: An International Perspective   View Summary
15 March 2017

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Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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Crowdfunding Securities: An International Perspective

Speaker: Associate Professor Andrew Schwartz, University of Colorado

Recent legal reforms have authorised the "crowdfunding" of securities, which is where a company offers stock, bonds or other securities over the Internet, without having to comply with the usual (and costly) registration and disclosure requirements imposed by securities regulation.

The concept originated in the United States, where it was enacted into law in 2012, but it took the U.S. Securities and Exchange Commission (SEC) until 2016 to finalise the relevant regulations. During the delay, New Zealand overtook the United States by quickly authorising the world's first formal securities crowdfunding market, which went live in 2014, and millions of dollars have since been raised by Kiwi companies.

New Zealand also broke with the United States by enacting an exceptionally liberal (meaning laissez-faire) form of securities crowdfunding. In the United States, the relevant legislation eliminated some regulatory burdens, but did not abandon the core concept of mandatory disclosure. New Zealand, by contrast, completely exempts crowdfunding companies from the usual disclosure rules. The United States also imposes a paternalistic annual cap on each investor, allowing them to invest only about $5,000 in all crowdfunding companies each year. New Zealand has no such investor cap.

Australia—like many other countries—is now in the process of drafting their own securities crowdfunding laws, and is sensibly looking to the United States and New Zealand as potential models to follow. This seminar will discuss ongoing research that compares and contrasts the two systems.

About the speaker
Andrew Schwartz is an Associate Professor of Law at the University of Colorado and, in 2017, will serve as a visiting professor and a Fulbright Scholar at the University of Auckland. He teaches and publishes on corporate, securities and contract law, and has become an internationally recognised expert on securities crowdfunding.

Professor Schwartz's articles have been published in the UCLA Law Review, Minnesota Law Review and other leading journals. He has won numerous national awards for his scholarship, including the AALS Scholarly Paper Competition and the Federalist Society Young Legal Scholars Paper Competition.

Commentator
Philippa Stone, Partner, Herbert Smith Freehills

Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55

CPD Points: 1

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Distinguished Speaker Lecture: The Trump Transition and American Administrative Law   View Summary
20 March 2017

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About the lecture

America has a new President, and one can say - because his Republican party also controls both houses of the American Congress - it has a new government. Unlike parliamentary systems, the American Constitution does not assure its chief executive political control of the legislature; the chance for divided government arises every two years with legislative elections and in fact our government had been divided since the by-elections of 2010 ended Democrat control of the House of Representatives. For six years, Republicans in the House and the Senate used their control of those bodies so to frustrate legislative activity that "broken" and "dysfunction" were common descriptions. President Obama and his administration, thus unable to secure legislative cooperation, used their existing authorities aggressively to achieve their policy purposes, to an extent strongly criticized as excessive and, in relation to immigration policy, found unlawful. Republicans proposed numerous measures to promote congressional control over administrative actions but, facing presidential vetoes and the strategies of the Democrat minorities in Congress, none were enacted. Now, however, Republicans are in control, as Democrats were in the first two years of President Obama's tenure. These measures, that would substantially complicate the process of adopting regulations, and enhance levels of both congressional and judicial control of administrative outcomes, are again on Congress's plate.

The future appears to hold significant possibilities of rebalancing the relationships of our Congress, President and Court, among themselves and to the administrative bodies responsible for domestic government's daily work. President Trump, reflecting his campaign rhetoric, has issued executive order after executive order during his first ten days in office embodying the views both that he is in charge, and that regulation has been excessive. His authoritarian stance builds on an attitude towards the presidency that has been steadily growing at least since President Richard Nixon's incumbency -- that the President is not just responsible to oversee, but is entitled to command the work of executive government. Congress's highly partisan opposition to President Obama during his last six years in office had prompted him, even more than Presidents Bush and Clinton before him, to claim ownership of a variety of regulatory actions using authority that Congress had conferred on administrative bodies, not the President. President Trump appears to be furthering this trend.

Unlike parliamentary systems, peopling the political layers of American government requires Senatorial consent. This process is slow and contentious, and can produce undertakings different from the President's preferences. Its early signals suggest that President Trump's controls over agency actions may be imperfect; yet he also appears to be placing substantial responsibilities in political operatives in the Executive Office of the President, who need not be confirmed. Administrative law inevitably straddles the worlds of politics and law; Professor Strauss's talk, informed by events occurring after writing this abstract, will explore their evolving balance.

About the speaker

Peter L. Strauss, the Betts Professor of Law at Columbia Law School, joined its faculty in 1971.He received his LL.B. from Yale Law School in 1964 and his A.B. from Harvard College in 1961. Before joining the Law School, he clerked for David L. Bazelon and William J. Brennan in Washington, D.C.; spent two years lecturing on criminal law in the national university of Ethiopia; and three years as an attorney in the Office of the Solicitor General, briefing and arguing cases before the U.S. Supreme Court. During 1975 to 1977, Strauss was on leave from Columbia as the first general counsel of the United States Nuclear Regulatory Commission.

Professor Strauss is a widely published, leading scholar of American administrative law, and senior author of its most enduring teaching materials. His scholarly writings have tended to focus on structural issues in American government, and the American process for creating regulations, as well as issues of statutory interpretation. In 1987, the American Bar Association's section of administrative law and regulatory practice presented Strauss with its third annual award for distinguished scholarship in administrative law. In 2008, the American Constitution Society awarded him the first Richard Cudahy prize for his essay "Overseer or 'The Decider'? The President in Administrative Law." And in 2015, his faculty honored him with a festschrift, since published in Volume 115 of its Law Review. A life member of the American Law Institute, Strauss was elected in 2010 to the American Academy of Arts & Sciences.

Throughout his career, Professor Strauss's work has often sought to explain American administrative law to lawyers and law students in other legal systems, as in his most recent book, Administrative Justice in the United States (3d ed. 2016). He has been a visitor at the European University Institute, the Max Planck Institute for Comparative Public, the University of Buenos Aires, and the Ludwig Maximillian University of Munich, Germany, and has also lectured in Australia, Belarus, Brazil, Canada, China, Colombia, England, France, Germany, Greece, Hong Kong, India, Italy, Japan, the Netherlands, New Zealand, Spain, Turkey, and Venezuela.

CPD Points: 1

International Law and Revolution: Concepts, Categories and History   View Summary
28 March 2017

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International Law and Revolution: Concepts, Categories and History

Speaker: Dr Vidya Kumar, University of Oxford

In her talk, Dr Kumar will explore the nature of the "fit" between the concepts of revolution and revolutionaries and traditional international legal categories and thought. She will also explore the role history plays in configuring the relationship between international law and revolution, and will delineate the ways the concept of "revolution" poses problems both for the discipline of legal theory and international law.

CPD Points: 1

This event is presented by the Sydney Centre for International Law.

Distinguished Speaker Lecture: Gamblers and Gentlefolk: Money, Law and Status in Trollope's England    View Summary
30 March 2017

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Speaker: Professor Nicola Lacey, London School of Economics

About the lecture

In this lecture, Professor Lacey will examine the wide range of conceptions of money and its legal and social significance in the novels of Anthony Trollope - a writer whose nostalgia for the world of land sits alongside an increasingly sharp critique of the power of money - considering what his novels can tell us about the rapidly changing economic, political and social world of mid Victorian England.  In the first section of the paper, the speaker will set out what she takes to be the main critiques of money which we might expect to find explored in the history of the novel.  Here the speaker notes, drawing on a range of literary examples, that these critiques significantly predate the development of industrial let alone financial capitalism. And noting, conversely, that the capacity of the codes of honour and gentility deriving from the obligations attendant on older forms of social status to underpin the integrity of commerce, which so often form the object of literary anxiety and nostalgia, remain central preoccupations and symbolic resources as we move into the second half of the nineteenth century, albeit in new guises. 

The lecture will then move to Trollope, concentrating in particular on Orley Farm (1861-2) - the novel most directly concerned with law among his formidable output - and The Way We Live Now (1875) - the novel most directly concerned with the use and abuse of money in the early world of financial capitalism.  In these and other novels, the speaker will argue, Trollope’s work epitomises both the multiple meanings which money has and the many functions which money serves in novels, as well as its fundamental ambivalence. The two novels present some interesting contrasts in terms of their conceptions of money and its significance, with money or wealth deriving from social status gradually displaced by social status deriving from money, or from the reputation of wealth - with interesting implications for the legal, moral and other resources which can be drawn upon to temper the power of money in an increasingly urbanised and fluid world. The books not only tell us much about changing conceptions of property in a world in which the old world of landed gentry and the newer one of industrial capitalism sat alongside practices of speculative investment geared simply to the multiplication of money. They also speak, as it were, volumes on the relative effectiveness of the different regulatory resources, including law, which can be brought to bear upon each form of wealth.  And they open some fascinating windows on the gendering of both money and law as concepts in the later Victorian imagination.

About the speaker

Nicola Lacey is School Professor of Law, Gender and Social Policy, attached to the Departments of Law and Social Policy and to the Gender Institute. From 1998 to 2010 she held a Chair in Criminal Law and Legal Theory at LSE; she returned to LSE in 2013 after spending three years as Senior Research Fellow at All Souls College, and Professor of Criminal Law and Legal Theory at the University of Oxford. She has held a number of visiting appointments, most recently at Harvard Law School. She is an Honorary Fellow of New College Oxford and of University College Oxford; a Fellow of the British Academy; and a member of the Board of Trustees of the British Museum. In 2011 she was awarded the Hans Sigrist Prize by the University of Bern for outstanding scholarship on the function of the rule of law in late modern societies.

CPD Points: 1

Equitable Compensation for Breach of Confidence   View Summary
30 March 2017

About the seminar

The recognition of purely equitable obligations of confidentiality, and of an equitable remedy of compensation, are two notable developments in the law during the past 75 years. Both are established developments in Australia. Indeed, they are so well established that an equitable compensation for breach of confidence might may be thought an established remedy. In fact, the remedy is obscure in Australian law. It is even more obscure in England and Wales, Canada and Australia. What principles might govern its application? Why are those principles obscure? This talk will address both of those questions."

Speaker
Dr Peter Turner is a University Lecturer and Fellow of St Catharine's College in the University of Cambridge. He has served as Academic Secretary of the Faculty of Law (2014-2016) and as Director of Studies in Law in St Catharine's College (2010-). His writings have been considered and approved in the High Court of Australia, the Singapore Court of Appeal, the Court of Appeal of England and Wales and the UK Supreme Court. He is on the International Advisory Committee of the American Law Institute's Restatement of the Law Fourth (Property) and is the book review editor of the Cambridge Law Journal. He is an author of the fifth edition of Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (with JD Heydon and MG Leeming) and the editor of Equity and Administration (CUP 2016).

Commentator
The Honourable Justice Mark Leeming
, Justice of Appeal, Supreme Court of NSW

Chair
Professor David Rolph,
University of Sydney Law School

CPD points: 1

This seminar has been organised in association with the Ross Parsons Centre of Commercial, Corporate and Taxation Law at the Sydney University Law School

April
JSI Seminar Series: Richard Posner and a Life in the Law   View Summary
3 April 2017

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Richard Posner and a Life in the Law

Speaker: William Domnarski

Richard Posner is the most important figure in the law in the United States of the last hundred years, if not longer, with unrivalled influence as an academic, public intellectual, and judge on the U.S. Court of Appeals. Apart for being known for having written more articles, books, and judicial opinions than anyone else—he has been mostly known, rightly so, for his contributions to pragmatism and economic analysis of law, both on and off the bench. What becomes clear, though, when his life and career are considered from a broad view is his career-long and comprehensive attempt to reform the way law is practiced, thought about, and written about. His has been an against-the-grain career intent on pointing us to what he considers to be a better way to approach the intellectual and practical aspects of the way law affects us all. His life in the law has been at the center of the argument about what makes sense in the law.

About the Speaker

William Domnarski comes to us from the United States, where in his life in the law he has been a practitioner for more than thirty years, the author of five books on judges and lawyers, and an occasional university and law school teacher. He has a law degree from the University of Connecticut School of Law and a Ph.D. in English Literature from the University of California, Riverside. His biography of Richard Posner, published by Oxford University Press, was based in part on more than two hundred interviews with people who have known and worked with Posner over the years, going back to grade school, on interviews with Posner himself, and on Posner's correspondence rich archive at the University of Chicago.

CPD Points: 2


*PLEASE NOTE THE DATE OF THIS EVENT HAS CHANGED TO 3 APRIL*

The Trump Administration and the Future of US Environmental Law   View Summary
4 April 2017

Professor Robert L Glicksman, George Washington University Law School

Co-presented with the Australian Centre for Climate and Environmental Law, Sydney Law School, the University of Sydney


A bipartisan consensus on the importance of protecting public health and the environment spurred the adoption of modern environmental law in the United States beginning in 1970. Despite several efforts over the decades by politicians to alter those commitments, core environmental legislation such as the Clean Air and Water Acts Act and the Endangered Species Act not only survived, but were strengthened.

The election of Donald Trump as President and of Republican congressional majorities Congress dramatically changed this landscape. The bipartisan consensus has been shattered and the likelihood of fundamental weakening of US environmental law is significant.

If the President and his legislative allies have their way, U.S. environmental law will become unrecognisable to anyone familiar with its substance and process over the past half century.

ABOUT THE SPEAKER:
Professor Robert L Glicksman is the J B & Maurice C Shapiro Professor of Environmental Law at the George Washington University Law School, is an authority on environmental, natural resources, and administrative law. He is co-editor of the Elgar Encyclopaedia of Environmental Law: Decision Making in Environmental Law (2016), and co-author of books on risk regulation and environmental enforcement and of the leading treatise on US public natural resources law. He has also written extensively on climate change and environmental federalism.

REGISTRATION

Free and open to all with online registration requested. Please click here for the registration page.

CPD ponts = 1.5

JSI Seminar Series: Is state sovereignty an empty concept? Two lessons from Alf Ross   View Summary
11 April 2017

Registration

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Is state sovereignty an empty concept? Two lessons from Alf Ross

Speaker: Dr Andrea Dolcetti, University of Oxford

This paper argues that state sovereignty should not be thought of as an empty concept. In the first section, Andrea Dolcetti considers three contemporary scholarly contributions on the concept of state sovereignty, all of which are sceptical about the semantic content of 'state sovereignty'. He argues that their scepticism is intrinsically linked to the notion that (state) sovereignty is an empty concept, in the sense that it lacks semantic reference. He subsequently shows how this notion is germane to Alf Ross’ view that legal concepts (e.g. ownership) simply amount to "technical tools of presentation". Dolcetti, then, critically revisits Ross' analysis of the concept of sovereignty, which mirrors his analysis of ownership as a Tû-Tû concept. In conclusion, Dolcetti suggests that, in order to further one's understanding of state sovereignty, Ross' study of the concept of democracy - which he conceptualises as an ideal type - should be favoured over his explanation of ownership. For this reason, Dolcetti submits that there are two lessons to be learnt from a critical study of Alf Ross' analysis of legal concepts. First, that state sovereignty is not necessarily an empty concept. Secondly, that in order to illuminate the concept of state sovereignty it would be more useful to focus on the ideal type (or central/paradigm case) of state sovereignty.

About the Speaker

Dr Andrea Dolcetti is a College Lecturer in Law at the University of Oxford (St. Hilda's College and University College), where he teaches constitutional law and jurisprudence. He is also a course convener and tutor on the Global Rule of Law & Constitutional Democracy Masters at the University of Genoa, Italy. Andrea's research interests include: jurisprudence; (comparative) public law; political theory; history of political thought; and the epistemology of the social sciences.

CPD Points: 2

Law & Business Seminar: Globalization and Securities Regulation   View Summary
12 April 2017

Registration

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Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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Globalization and Securities Regulation

Speaker: Professor John Armour, University of Oxford

This seminar, which is based upon co-authored research by Professor Armour with Martin Bengtzen and Luca Enriques, will explore how globalization has affected the operation of securities markets and the challenges this poses for their regulation.

The landscape of global securities markets over the past 30 years has been dominated by three secular trends:- globalization; the growth of collective investment; and 'connectivity'—the use of technology seamlessly to link market participants. Together, these have reduced the attractiveness for issuers of listing abroad, and increased the attractiveness of using alternative domestic fora for capital-raising.

After briefly reviewing the mechanisms of international co-ordination in securities regulation, this seminar will explore the interface between rules governing market access and regulatory coordination. It will discuss the effects of globalization on the regulation, respectively, of primary markets, trading venues and intermediaries, together with issues of enforcement and extraterritoriality. The seminar will conclude with an overview of some of the key challenges faced by regulators as a result of globalization.

About the speaker
John Armour is Hogan Lovells Professor of Law and Finance at Oxford University and a Fellow of the European Corporate Governance Institute. He was previously a member of the Faculty of Law and the interdisciplinary Centre for Business Research at the University of Cambridge. He studied law (MA, BCL) at the University of Oxford and then at Yale Law School (LLM). He serves as an Executive Editor of the Journal of Corporate Law Studies and the Journal of Law, Finance and Accounting, and has been involved in policy-related projects commissioned by the UK's Department of Trade and Industry (now BIS), Financial Services Authority (now FCA) and Insolvency Service, the Commonwealth Secretariat, and the World Bank. He currently serves as a member of the European Commission's Informal Company Law Expert Group.

Commentator
Kate O'Rourke, Senior Executive Leader - Corporations, ASIC

 

Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55

CPD Points: 1

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Upcoming intensive course:

Principles of Financial Regulation

6, 7, & 10, 11 April

Engage with Professor Armour in this intensive course which examines the key principles underpinning financial regulation.

You can apply to study this intensive course with or without assessment.

Click here to apply.

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140 Characters in Search of a Foreign Policy: Tweeting International Law in the Age of Trump   View Summary
12 April 2017

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140 Characters in Search of a Foreign Policy: Tweeting International Law in the Age of Trump

Speaker: Professor Gerry Simpson, London School of Economics

In this seminar, sponsored by Sydney Friends of the London School of Economics and Sydney Centre for International Law at the University of Sydney Law School, Professor Gerry Simpson will consider the possible effects of Trumpism on foreign relations, as well as the broader question of time in the history of international law and diplomacy.


About the speaker

Gerry Simpson was appointed to a Chair in Public International Law at LSE January, 2016. He previously taught at the University of Melbourne (2007-2015), the Australian National University (1995-1998) and LSE (2000-2007). He is the author of Great Powers and Outlaw States (Cambridge, 2004) and Law, War and Crime: War Crimes Trials and the Reinvention of International Law (Polity 2007), and co-editor (with Kevin Jon Heller) of Hidden Histories (Oxford, 2014) and (with Raimond Gaita) of Who's Afraid of International Law? (Monash, forthcoming, 2016).

Professor Simpson's current research projects include an Australian Research Council-funded project on Cold War International Law with Matt Craven, SOAS and Sundhya Pahuja, Melbourne, and a counter-history of International Criminal Justice. He is also writing a book length account of the literary life of international law, entitled "The Sentimental Life of International Law".


CPD Points: 2

Sydney Ideas - Human Rights and the Rise of Islamophobia   View Summary
28 April 2017

Human Rights and the Rise of Islamophobia: Academic Responses in the Age of Populist Anger and Fear

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A Sydney Ideas forum co-presented with the Religion, State and Society Network, School of Social and Political Sciences, and the Centre for Asian and Pacific Law, The University of Sydney Law School and the The Australian Association of Islamic and Muslim Studies (AAIMS).

The Australian Association of Islamic and Muslim Studies (AAIMS) is an inter-disciplinary network of scholars at Australian universities. It promotes teaching and research excellence on Islam and Muslim affairs. AAIMS is dedicated to creating and disseminating knowledge about Islamic and Muslim societies. By fostering a network of academics based at Australian universities, AAIMS generates opportunities for scholarly collaboration across disciplines and institutions, as well as a wide dissemination of research output by its members.

To officially launch AAIMS we invite you to a special presentation by leading human right scholars, Emeritus Professor Gillian Triggs, President of the Australian Human Rights Commission and Professor Samina Yasmeen, University of Western Australia, to discuss the topic of human rights today in the face of rising Islamophobia.

Welcome remarks will be made by the AAIMS Interim President Professor Shahram Akbarzadeh, Deakin University.

The speakers

Emeritus Professor Gillian Triggs
is the President of the Australian Human Rights Commission, with a five year appointment. She was Dean of the Faculty of Law and Challis Professor of International Law at the University of Sydney from 2007-12 and Director of the British Institute of International and Comparative Law from 2005-7. She is a former Barrister and a former Governor of the College of Law. Professor Triggs has combined an academic career with international commercial legal practice and has advised the Australian and other governments and international organisations on international legal and trade disputes. Her focus at the Commission is on the implementation in Australian law of the human rights treaties to which Australia is a party, and to work with nations in the Asia Pacific region on practical approaches to human rights.

Professor Samina Yasmeen is Director of the Centre for Muslim States and Societies and lectures in Political Science and International Relations in the School of Social and Cultural Studies, the University of Western Australia (UWA), Perth. She is a specialist in political, and strategic developments in South Asia (particularly Pakistan), the role of Islam in world politics, and citizenship among immigrant women. She is the author of Understanding Muslim Identities: From Perceived Relative Exclusion to Inclusion (2008). The research focuses on Muslims in Australia, and her research on social inclusion and exclusion dynamics focus primarily on Muslim women and Citizenship in Australia.

Registration

Free, however registration is essential. Please click here for the registration page.

CPD Points: 1.5

May
Updating the Classics: Law Treatises in the Modern Age   View Summary
9 May 2017

Registration

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Keynote speaker: Professor Caprice Roberts, Savannah Law School

A symposium jointly hosted by the Parsons Centre of Commercial, Corporate and Taxation Law of the University of Sydney Law School, the Australian Academy of Law and Herbert Smith Freehills, Sydney.

Professor Caprice Roberts recently completed writing and editing Dobbs & Roberts on Remedies, a third edition of the leading American remedies law treatise. The previous edition was written by the original author 25 years ago. In this address, Professor Roberts will discuss the challenges of updating a treatise written by such a well-known author and will also identify some of the major developments in the law of remedies in the United States over that 25-year period.

Professor Roberts's address will be followed by a panel discussion on the role and value of law texts or treatises, particularly in the electronic age. When are they used? What do they offer that a search on the internet cannot? What do readers expect of a law treatise in terms of depth and opinion? How should a new author or editor approach the task of updating a classic treatise whose original author was individually or exceptionally authoritative? Is there a significant difference between a 'scholarly text' and a 'practitioner text' in law?


Chair: Professor Barbara McDonald, The University of Sydney Law School


Panel members

Professor Prue Vines, University of New South Wales and a Co-author of Fleming's Law of Torts
Adjunct Professor Donald Robertson, Partner, Herbert Smith Freehills
The Honorable Justice Mark Leeming, New South Wales Court of Appeal and Coauthor of Jacob's Law of Trusts and Meagher Gummow (and Lehane's) Equity: Principles and Remedies
Emeritus Professor John Carter, Author of Carter on Contract


About the speaker

Professor Roberts teaches Contracts, Remedies, Jurisprudence, and Federal Courts. Her classroom experience also includes teaching at Florida State University College of Law, Washington & Lee University School of Law and University of North Carolina School of Law. Roberts is an elected member of the American Law Institute. She has held two federal judicial clerkships and represented clients in complex civil litigation cases in Washington, D.C. She earned a J.D. from Washington & Lee University School of Law and a Bachelor's from Rhodes College. During her 10-year career on the West Virginia faculty, Roberts served as Associate Dean of Faculty Research & Development. She has coauthored casebooks in Federal Courts and Remedies and won several awards for her teaching and publications.

In 2015, Roberts was cited by two United States Supreme Court Justices in Kansas v. Nebraska, a dispute about interstate river water, for accurately predicting innovation in the law of contract remedies.


CPD Points: 2

JSI Seminar Series: Legitimate Crowdsourced Constitution-Making   View Summary
11 May 2017

Registration

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Legitimate Crowdsourced Constitution-Making

Speaker: Carlos Bernal, Macquarie Law School

Thispaper offers a critical analysis of the essential features of crowdsourced constitution-making, its potential for enhancing democratic participation and legitimacy, and its challenges and risks. On-line constitution-making activities give rise to opportunities and challenges. They open-up fresh possibilities for including individuals and groups previously excluded from constitution-making deliberations and decisions. They may also increase equity and transparency in deliberative processes, and enhance legitimacy of constitutional outcomes. However, at the same time, these activities create the challenge of setting constraints for ensuring that only appropriate agents will engage in the relevant constitutional deliberations and decision-making with fairness and respect for the rule of law and basic democratic values. Within this context, this paper sets up a general framework for maximizing opportunities, while, at the same time, mitigating risks and challenges of crowdsourced constitution-making.

About the Speaker

Carlos Bernal is an Associate Professor at Macquarie Law School (Sydney, Australia). His qualifications include a LL.B. from the University Externado of Colombia (Bogotá - Colombia) (1996), a S.J.D. from the University of Salamanca (Spain) (2001), and a M.A. (2008) and a Ph.D. in Philosophy (2011) from the University of Florida (U.S.A). He has held a visiting professorship at the University of Paris X (Nanterre), and Senior Research Fellowships at the Yale Law School and the Max Plack Institute for Comparative Public Law and International Law (Heidelberg). His scholarship focuses on constitutional rights' interpretation, comparative constitutional change, general jurisprudence - in particular on the intersection between social ontology and legal theory - and the philosophical foundations of tort law. At the present time, he is carrying out a research project on constitutionalism and democratic participation by means of online platforms. He supervises doctoral students in comparative constitutional law and legal theory.

CPD Points: 2


*Please note the date of this event has changed to 11 May (previously 4 May)*

Combating Corruption in Yudhoyono's Indonesia: An Insider's Perspective   View Summary
15 May 2017

Registration

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Combating Corruption in Yudhoyono’s Indonesia: An Insider’s Perspective

Speaker: Professor Denny Indrayana, Gadjah Mada University & University of Melbourne Law School

Combating corruption in Indonesia is not an easy task, even for a president. Professor Denny Indrayana shares his own experience of just how complicated it was. He analyses the Yudhoyono government’s efforts to protect the Indonesian Corruption Eradication Commission from attack by its many enemies, including corruptors. He argues that Yudhoyono tried hard to beat corruption and had some successes but many basic problems persist. In particular, the corrupt political landscape continues to make the war against corruption extraordinarily difficult.

About the speaker

Professor Denny Indrayana is an internationally recognised anticorruption campaigner who has played a leading role in law reform efforts in Indonesia. He served as Deputy Minister of Law and Human Rights from 2011-2014 under President Susilo Bambang Yudhoyono. Before that, Denny was Special Advisor for Legal Affairs, Human Rights and Anticorruption to President Yudhoyono, Chair of the Centre for the Study of Anti-Corruption at Gadjah Mada University, and Director of the Indonesian Court Monitoring NGO.

Denny has a PhD from the Melbourne Law School and won the prestigious Australian Alumni Award in 2009. He is a Professor of Constitutional Law at Gadjah Mada University and a Visiting Professor in the University of Melbourne Law School.

CPD Points: 1

Law & Business Seminar: Regulatory Entrepreneurship   View Summary
17 May 2017

Registration

Click here to register for this seminar.

Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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Regulatory Entrepreneurship

Speaker: Professor Elizabeth Pollman, Loyola Law School

This seminar, which is based on Professor Pollman's co-authored paper, Regulatory Entrepreneurship, will examine the concept "regulatory entrepreneurship" - namely, the pursuit of a line of business in which changing the law is a significant part of the
business plan.

Regulatory entrepreneurship is not new, but it has become increasingly salient in recent years as companies from Airbnb to Tesla, and from DraftKings to Uber, have become agents of legal change.

The seminar will explore the tactics that companies have employed, including operating in legal gray areas, growing "too big to ban," and mobilizing users for political support. It will also consider the business and law-related factors that foster regulatory entrepreneurship.

Well-funded, scalable, and highly connected startup businesses with mass appeal have advantages, especially when they target state and local laws and litigate them in the political sphere instead of in court.

About the speaker
Elizabeth Pollman is a Professor of Law at Loyola Law School, Los Angeles. Her research focuses on various topics in business law, including entrepreneurship and corporate personhood. Her recent publications on entrepreneurship and issues concerning private companies include Regulatory Entrepreneurship , 90 S. Cal. L. Rev. _ (forthcoming 2017) (with Jordan M. Barry), offering a new theory of companies that have business models focused on changing the law, and Information Issues on Wall Street 2.0, 161 U. Pa. L. Rev. 179 (2012), examining secondary markets for private company stock.

She previously practiced as a transactional lawyer and business litigator at Latham & Watkins in Silicon Valley and Los Angeles. Before law school, she managed a business development team at a publishing startup in Silicon Valley that was acquired by one of the largest U.S. newspaper publishers.

Commentator
John Price, Commissioner, ASIC

 

Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55

CPD Points: 1

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Penal Populism: The End of Reason   View Summary
18 May 2017

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Speaker: Professor John Pratt, Victoria University of Wellington

Penal populism has become a much discussed characteristic of punishment in modern society. Most such commentaries, however, take the rather myopic view that this phenomenon represents some localized event within the social body, to be diagnosed, theorized and exorcized there. This article, however, argues that the emergence of penal populism is neither the endpoint of nor the limits to populism and its consequences in modern society. Rather, it marks only the beginnings of its more general resurgence in the early twenty first century. In these respects, penal populism should be understood as only a convenient incubating phase in which populist forces found vigour and strength before flowing much deeper into mainstream society from that gestation. If it might be thought that penal populism represents an attack on the long established link between reason and modern punishment, this has been only the prelude to the way in which a much more free flowing political populism now threatens to bring an end to Reason itself, the foundation stone of modernity. This shift from penal to political populism has been precipitated by two interconnected factors: the impact of the 2008 global fiscal crisis and the mass movement of peoples across the globe. The article concludes with a discussion of how political populism continues to transform punishment in modern society, as well as the broader social consequences and implications of its emergence.

About the Speaker

John Pratt is Professor of Criminology at the Institute of Criminology, Victoria University of Wellington, New Zealand. His main field of research is comparative penology. He has published in eleven languages and has been invited to lecture at universities in South America, North America, Europe, Asia and Australia. In 2008 he was awarded the Royal Society of New Zealand James Cook Research Fellowship. In 2009 he was awarded the Sir Leon Radzinowicz Prize by the Editorial Board of the British Journal of Criminology. In 2010 he was invited to take up a one year Fellowship at the Straus Institute for Advanced Studies in Law and Justice, New York University. In 2012 he was elected to a Fellowship of the Royal Society of New Zealand. In 2013 he was awarded the Society's Mason Durie Medal, given 'to the nation's pre-emiment social scientist.'

Chair:Professor Murray Lee, The University of Sydney Law School

CPD Points: 1

In Conversation with Dr Sima Samar   View Summary
23 May 2017

Registration

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Speaker: Dr Sima Samar, Chair of the Afghan Independent Human Rights Commission

Australian Lawyers for Human Rights (ALHR), The University of Sydney Law School and the University of Technology, Sydney, invite you to join us for an evening in conversation with Dr Sima Samar, Chair of the Afghan Independent Human Rights Commission (AIHRC), discussing the AIHRC's work addressing women and girls’ rights in Afghanistan.

The situation for women and girls in Afghanistan in relation to their human rights is complex and multi-layered. While Afghanistan is a signatory to the Convention on the Elimination of Discrimination Against Women, access to basic human rights such as education, employment and rights to divorce remain contested. This is particularly so in the provinces. Dr. Sima Samar will speak about her work with the AIHRC and the current status of women and girls in Afghanistan.

About the speaker

Dr. Samar is the Chairperson of the Afghanistan Independent Human Rights Commission (AIHRC). Before chairing the Commission, she was elected as the Vice Chair of the Emergency Loya Jirga (Grand Assembly) in 2002. At the UN Bonn meeting on Afghanistan in 2001, Dr. Samar was chosen to be the first Deputy Chair and Minister of Women’s Affairs in the Interim Administration of Afghanistan. Dr. Samar has received various international awards for her work on human rights and democracy. In 2001 she received the John Humphrey Freedom Award. During the Soviet occupation of Afghanistan, Dr. Samar was forced to flee after her husband was arrested. He was never heard from again. In Pakistan, Dr. Samar worked to set up medical services for Afghan refugees. In 1987, she helped open the first hospital for women, staffed by women in Quetta, Pakistan. In 1989, she established the Shuhada Organization, a non-governmental and non-profit organization committed to the reconstruction and development of Afghanistan with special emphasis on the empowerment of women and children. In 2010 she established Gawharshad Institute of Higher Education which has attracted more than 2400 students since its establishment of which more than 35% are women. Sima Samar was born in February 1957 in Ghazni province. She obtained her degree in medicine in February 1982 from Kabul University; she was the first Hazara woman to achieve this in Afghanistan.

CPD Points: 1

Click here for more information and to register.

 

SULS Social Justice & Public Interest Careers Alumni Panel   View Summary
29 May 2017

About the panel discussion

The SULS Social Justice and Public Interest Careers Alumni Panel is an exciting new event running for the first time in 2017. It will feature a range of Sydney University / Sydney Law alumni who currently work in the 'public interest' sector - whether that be in community legal centres, education, policy and advocacy work, journalism or social justice-oriented consulting.

The event will be held on Monday 29 May in the Faculty Common Room on Level 4 of the Law School (the level above the Law School Information / Assignments Desk, and cross the glass bridge towards Fisher Library / overlooking the Law Lawns).

Students will have the opportunity to hear a diverse range of speakers share their personal experiences forging careers in social justice, and pursuing alternative (i.e. non-corporate) pathways following their law degrees. The event will conclude with a Q&A and networking session where students can raise any queries they have about getting involved with public interest initiatives at and beyond university, and finding employment outside of the purely corporate legal space.

Our panelists will include:

Annabelle Chauncy (Founder, School for Life in Uganda)
Roger West (Founder, Westwood Spice, formerly worked at Redfern Legal Centre and the NSW Community Legal Services Commission)
Deborah Whitmont (Reporter, ABC's Four Corners, formerly worked at Redfern Legal Centre and for ABC's The Investigators)
Clare Petre (Chairperson, Asylum Seekers Centre, formerly worked for the Energy & Water Ombudsman)
Niru Palanivel (Campaign Coordinator, Children out of Immigration Detention)
Geoffrey Winters (Chalk & Behrendt Lawyers, Australian Institute of Aboriginal and Torres Strait Islander Affairs)

Draft program:

Welcome & Drinks: 6.00 - 6:15 PM
Dean Joellen Riley's Address: 6:15 - 6:20 PM
Panel Discussion: 6:20 - 7:20 PM
Audience Q & A: 7:20 - 7:30 PM
Following the Panel: Further Q&A / Networking / Discussion time / Refreshments
Wrap up: 8:00 PM

June
Sydney Juris Doctor (JD) 101: an insider's guide   View Summary
1 June 2017
Thinking about a career in law? Wondering what studying the JD is all about? Join current JD student Harry Simons and get an insider's view on what life is like as a student of the Juris Doctor. Open to those from any discipline, these sessions will provide you with an overview of the JD program. You'll also be given practical examples of readings and tips about how you, as a JD student, would be expected to tackle these. Find out how you can succeed in the JD program
JSI Seminar Series: Constitutional Directive Principles   View Summary
8 June 2017

Registration

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Constitutional Directive Principles

Speaker: Dr Lael Weis, University of Melbourne

In this seminar, Lael Weis will present her recent research on constitutional directive principles. Directive principles are an increasingly common way of constitutionally entrenching fundamental social values and provide an alternative to rights provisions. They place binding but typically non-justiciable obligations on the state to promote social values, and are designed to be given effect by means other than direct judicial enforcement—predominantly, by legislation. Directive principles thus insert an element of political constitutionalism within the domain of legal constitutionalism. Understanding these unique provisions presents important challenges for the standard legal constitutionalist picture of social values constitutionalism that have been overlooked by scholarship to date. Or so Dr Weis shall argue. By defining these challenges, she hopes to show why directive principles merit greater attention by constitutional theorists than they have received to date, and why their analysis requires a new theoretical framework.

About the Speaker

Dr Lael K ('Lulu') Weis is a Lecturer in Law at the University of Melbourne. Dr Weis's principal research interests lie at the intersection of constitutional legal theory, democratic political theory, and comparative constitutional law. She is particularly interested in methodological questions concerning the use of comparative constitutional law to analyses issues in constitutional theory. Her work in this area has examined how assumptions about the purpose and function of constitutionalism inform theoretical debates about constitutional interpretation. Dr Weis's research also encompasses topics concerning property law and theory, including the place of property in philosophical theories of justice and issues concerning the constitutionalization of property rules. Dr Weis is the founder and convenor of Melbourne Law School's Legal Theory Workshop and she is the current Treasurer of the Australian Society of Legal Philosophy.

CPD Points: 2


Sex selection: Changes in Australian law and policy   View Summary
9 June 2017



About the workshop

Should sex selectionof embryosfor non-medical reasons be allowed in Australia?

The National Health and Medical Research Council recently released its revision of the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research.

This workshop will discussthe revised Guidelines with respect to sex selection.

Dr Sascha Callaghan from Sydney Law School will explore the regulation of sex selection in Australia and Dr Tereza Hendl will interrogate the ethics of prenatal sex selection for "family balancing."

The workshop will also discussthe implications of prenatal diagnosis for children with intersex variations and explore the question of whether "gender disappointment" is a mental disorder.

The main aim of the workshop is to facilitate discussion around the subject of using assisted reproductive technologies for sex selection for non-medical reasons in Australia.

Speakers:

  • Dr Tereza Hendl (University of Sydney,Centre for Values, Ethics and the Law in Medicine)
  • Prof Wendy Rogers (Macquarie University, Department of Philosophy)
  • Dr Sascha Callaghan(University of Sydney,Sydney Law School)
  • Dr Kate Gleeson (Macquarie University, Macquarie Law School)
  • Morgan Carpenter (Organisation Intersex International Australia)
  • Dr Tamara Browne (Deakin University, School of Medicine)

Preliminary Program:
10:00 - 10:10: Tereza Hendl and Wendy Rogers, Opening Remarks
10:10 - 10:30: Wendy Rogers, "What's changed on sex selection since 2007 Guidelines"
10:30 - 11:15: Sascha Callaghan, "Sex selection and the law"
11:15 - 11:45:Morning tea
11:45 - 12:30: Tereza Hendl, "2017 Guidelines, sex selection and gender equity"
12:30 - 13:15: Kate Gleeson, "Sex selection using IVF and abortion from feminist legal perspectives"
13:15 - 14:00:Lunch
14:00 - 14:45: Morgan Carpenter, "Prenatal diagnosis and its implications for children with intersex variations"
14:45 - 15:00: Tamara Browne, "Is gender disappointment a mental disorder?"
15:00 - 15:30: Panel discussion


RSVP: Please email Tereza Hendl at tereza.hendl@sydney.edu.auincluding any dietary requirements.

Law & Business Seminar: Due Diligence in Share Acquisitions   View Summary
14 June 2017

Registration

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Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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Due Diligence in Share Acquisitions: Navigating the Insider Trading Regime

Speaker: Associate Professor Umakanth Varottil, National University of Singapore

The seminar will unpack the underlying friction between the need to facilitate due diligence in share acquisition transactions that will place inside information in the acquirer's hands, and ensure that such information is not misused by the acquirer to the detriment of the other shareholders, a matter that insider trading regime regards as sacrosanct. In analysing and seeking to resolve this tension, this seminar draws upon examples from jurisdictions including the United Kingdom, Singapore and India.

The seminar begins with an introduction to the regulatory framework in certain jurisdictions and discuss the policy imperative of "parity of information" that underpins the insider trading regime. The interplay between due diligence and insider trading operates through a bifurcated approach depending upon whether or not the share acquisition results in a takeover offer for the target. Hence, it will explore both issues arising out due diligence resulting in takeover offers, and those arising from transactions that do not involve takeover offers. It will discuss some of the conditions on which due diligence may be allowed in listed companies, including the need for a confidentiality obligation on the part of the acquirer and certain duties on the part of the target and its directors and officers. Finally, it will explore a scenario where the transaction does not proceed after due diligence and the acquirer continues to be in possession of inside information.

The seminar will draw upon thepresenter's paper available here.

About the speaker

Umakanth Varottil is an Associate Professor at the Faculty of Law, National University of Singapore. He specializes in corporate law and governance, mergers and acquisitions and cross-border investments. Prior to his foray into academia, Umakanthwas a partner at a pre-eminent law firm in India. During that time, he was also ranked as a leading corporate/ mergers & acquisitions lawyer in India by the Chambers Global Guide.

Commentator: Matt Egerton-Warburton, Special Counsel, King & Wood Mallesons

Chair: Dr Juliette Overland, The University of Sydney Business School

Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55

CPD Points: 1

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Upcoming Intensive Course

Mergers & Acquisitions in Asia

1, 2 & 8, 9 June

Associate Professor Varottil will evaluate the business rationale for M&A and discuss the various types of transactions and related terminology. The course will include a comparison of M&A in Asia with that in other jurisdictions.

You can apply to study this intensive course with or without assessment.

Click here to apply.

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JSI Seminar Series: Citizenship for Sale: What's the Objection?   View Summary
15 June 2017

Registration

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Speaker: Professor Helen Irving, The University of Sydney Law School

In recent years, a small, but growing number of countries around the world have begun to offer citizenship for sale (at a considerable price) to individual purchasers. Our moral intuitions tell us that there is something wrong with such schemes. Citizenship, we object, should never be for sale. This objection, I will argue, is problematic. It rests upon a priori theories about the nature of citizenship that are questionable and unstable, and that lack connection with what is being bought and sold. The paper - a work in progress - will consider a range of objections to the ‘commodification’ of citizenship, with particular focus on theories of allegiance. It will challenge us to think differently about the value of legal citizenship.

About the speaker

Helen Irving is Professor of Law at the Sydney Law School, where she teaches Australian and US Constitutional Law. Her most recent book is Citizenship, Alienage and the Modern Constitutional State: A Gendered History (CUP 2016). She was recently awarded an ARC Discovery Grant for her current project, ‘Citizenship and allegiance in Australian law and history.’

CPD Points: 2

 

Sydney Ideas Talk: Abuses in the Fight Against ISIS   View Summary
15 June 2017

Abuses in the Fight Against ISIS

Belkis Wille, senior Iraq researcher in the Middle East and North Africa division, Human Rights Watch


This Sydney Ideas talk is co-presented with Human Rights Watch Australia and Sydney Law School


Iraqi and US-led coalition forces launched operations to retake Mosul from the Islamic State (also known as ISIS) in October 2016. Since then all sides have carried out serious laws of war violations. The situation for civilians has worsened considerably since February, with the push on the densely-populated west Mosul.


ISIS are using civilians as human shields, firing indiscriminate weapons into civilian areas, carrying out car bomb and other suicide attacks, and have planted landmines, killing and injuring civilians. Government forces are engaging in destruction of homes, looting, and abuses against civilians including torture, enforced disappearances and executions. Despite promises made by the government to investigate allegations of abuses, there has been no accountability for these abuses. The US-led coalition has reduced checks and balances for Iraqi commanders calling in airstrikes, leading to civilian casualties.


Join Human Rights Watch Senior Iraq Researcher, Belkis Wille, as she discusses the worsening situation for civilians in Mosul, the prospects of justice for victims of ISIS abuses, the prospects for reconciliation in Iraq, and why the international community including Australia should do more to ensure respect for human rights in Iraq.


REGISTER HERE


Hosted by Professor Ben Saul, Challis Chair of International Law at the University of Sydney.


ABOUT THE SPEAKER: Belkis Wille, senior Iraq researcher in the Middle East and North Africa division, investigates human rights abuses in Iraq. Before taking up this position, she was the Yemen and Kuwait researcher, based in Sanaa, for three and a half years. Previously, Wille worked at the Geneva-based World Organisation Against Torture, leading its Middle East and North Africa work from Tunisia and carrying out advocacy and trainings on torture prevention in Libya. More information


CPD points: 1

July
Racist Stereotypes, Resistance and Reclaiming Dignity   View Summary
6 July 2017

Registration

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This lecture is being held to commemorate NAIDOC Week.

Settler Australians came to know Aboriginal people through demeaning stereotypes that alternated between the noble savage and the violent primitive. By the early twentieth century such stereotypes were ingrained in everyday life, as evidenced by the use of racial slurs and caricatures in the branding of consumer goods. The noble savage also emerged in Australian fiction, and was personified by the much loved character, Detective Inspector Bony. Today, racist stereotypes remain a powerful influence on Australia's public institutions, and in particular, state police forces.

In this lecture, we will discuss how generations of Aboriginal people have resisted demeaning stereotypes. Early activists such as Jack Patten fought against the racist branding of household products. Contemporary Aboriginal writers are speaking back to archetypes such as Bony, and Aboriginal communities are increasingly asserting self-determination in policing. All belong to a tradition of reclaiming dignity in the face of enduring racism.


Speakers

Dr Nicole Watson, The University of Sydney Law School

Dr Fady Aoun, The University of Sydney Law School

Dr Amanda Porter, University of Technology Sydney


MC

Jeff McMullen, Journalist, Author, Filmmaker

Jeff has been a journalist, author and filmmaker for fifty years, including long-running positions as ABC Foreign Correspondent and reporter for Four Corners and Sixty Minutes. Throughout his professional life, Jeff has written, filmed and campaigned around the world to improve the health, education and human rights of Indigenous people.


CPD Points: 1.5


This lecture is being convened by the Wingara Mura Committee of The University of Sydney Law School.

JSI Seminar Series: The Nature of Law and its Implications for Adjudication   View Summary
12 July 2017

Registration

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Speaker: Kevin Toh, University College London

It may be that our legal thinking and practice are sufficiently messy and lacking in coherence so that no one theory of the nature of law, or at least no one theory of the sort that is currently available in the literature, is descriptively accurate. Such a state of affairs would provide us with theoretical opportunities as well as disappointments. Instead of trying to come up with a maximally accurate theory of the nature of law, we can instead try to come up with a plausible natural history of law - i.e. an imaginary history modelled on the classic natural histories of the sort that a number of philosophers in the eighteenth and nineteenth centuries devised. Some such natural histories were vindicatory of the relevant subject matter (e.g. Hume on justice, Rousseau on republican forms of government), whereas some others were debunking (e.g. Hume on religion, Nietzsche on morality). Instead of trying to come up with a natural history of law that vindicates or debunks law as such, we can have a more modest aim of devising a natural history of law that vindicates a certain theory of legal adjudication or interpretation. This paper is an attempt to come up with an admittedly partial natural history of law that accomplishes that task.

About the Speaker

Kevin Toh is a senior lecturer at the Faculty of Laws, University College London. He previously taught in the philosophy departments of Indiana University and San Francisco State University. He has also held visiting fellowships at University College, Oxford University and the Institute of Advanced Studies in the Humanities at University of Edinburgh. He is the author of a number of articles in philosophy of law and constitutional theory.

CPD Points: 2

JSI Seminar Series: The Evolution of Authority   View Summary
18 July 2017

Registration

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Speaker: Professor Alan Brudner, University of Toronto

This paper sets out a perfectionist view of political authority and explores its implications for a state's external sovereignty vis-à-vis foreign states. It begins from the idea that internal sovereignty is a relational concept in that a claim of authority must be capable of a validating recognition by a free subject. Validation, however, comes in different grades depending on how independent of the putative sovereign the subject is. The voluntary recognition of an unlimited despot by a servile subject does not confer the same quality of validation as the recognition of a constitutional ruler by an independent and equal subject. We can thus speak of sovereign authority as evolving through a series of developmental stages. Authority's evolution begins with someone's claiming a right to rule, climbs several plateaus at which the claim is progressively validated through its recognition by a subject whose freedom (in some sense) is reciprocally recognized by the ruler, and ends with its perfect validation by a fully independent subject equal to the ruler.

This theory of internal sovereignty has international law implications. It says that absolute authority is restricted to perfect authorities—those recognized by subjects whose full independence is reciprocally recognized. Rulers at pre-constitutional stages have but a relative internal authority (limited by a permission to resist for the sole purpose of advancing to a higher stage) and, correspondingly, a qualified external sovereignty. Only sovereigns whose internal authority is perfect can have an external sovereignty that is unqualified; for what other sovereigns must recognize is just the internal sovereignty, such as it is. Thus, innovations such as the International Criminal Court's compulsory jurisdiction and the doctrine of humanitarian intervention are not necessarily inconsistent with state sovereignty.

About the Speaker

Alan Brudner is Professor Emeritus of Law and Political Science at the University of Toronto. He has previously published three books elaborating a Hegelian interpretation of public and private law. They are: The Unity of the Common Law: Studies in Hegelian Jurisprudence (1995, rev. ed. with Jennifer Nadler, 2013), Constitutional Goods (2004), and Punishment and Freedom (2009). A book on Hegel's political philosophy titled The Owl and the Rooster: Hegel's Transformative Political Science is forthcoming from CUP. Professor Brudner has held visiting fellowships at Oxford University and the University of Cambridge. In 2011, he was elected a Fellow of the Royal Society of Canada.

CPD Points: 2

JSI Seminar Series: Justice in Transitional Circumstances   View Summary
25 July 2017

Registration

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Speaker: Professor Colleen Murphy, University of Illinois

Societies emerging from periods of conflict or repression and trying to democratize characteristically try to address past wrongs using processes other than criminal punishment. There is, however, deep disagreement as to whether justice is achieved with alternate measures such as amnesty or a truth commission. What are the appropriate standards of justice to use when evaluating various responses to wrongdoing in transitional circumstances? To answer this question, Professor Murphy first articulates the circumstances of justice characterizing transitional societies, and contrasts these with the circumstances of stable democracies. She then argues that justice in transitional circumstances is not aimed at giving perpetrators what they deserve, but rather is aimed at transforming a society in a just manner.

About the Speaker

Colleen Murphy is Professor of Law, Philosophy, and Political Science as well as Director of the Women and Gender in Global Perspectives Program at the University of Illinois at Urbana-Champaign. She is the author of A Moral Theory of Political Reconciliation (Cambridge University Press, 2010) and The Conceptual Foundations of Transitional Justice (Cambridge University Press, 2017). Murphy is the co-editor of Engineering Ethics for a Globalized World (Springer, 2015), Risk Analysis of Natural Hazards (Springer, 2015), and Climate Change and Its Impacts: Risks and Inequalities (Springer, under contract).

CPD Points: 2

Engaging with Advocates   View Summary
28 July 2017

Registration

Click here to register
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We are pleased to invite you to 'Engaging with Advocates', an event to connect early career researchers with leading civil society advocates in order to foster collaboration and increase the impact of research. Representatives of organizations working on the sustainability of food systems, promoting healthier diets, and championing consumer rights will share personal experiences of using research in their efforts to improve policy, and offer insights for academics looking to strengthen the practical relevance of their research.


This event will feature keynote presentations by:

  • CHOICE
  • The Live Lighter Campaign (Heart Foundation Western Australia); and
  • Sustain: The Australian Food Network


This will be followed by a session where participants workshop 'live' policy issues with the aim of generating practical understanding of the needs, working styles and unique strengths of both researchers and advocates, in order to collaborate more effectively for policy impact.

The event will conclude with canapés and informal networking.


Early-career researchers should attend to:

  • Build new connections with leading health, nutrition and food policy advocates;
  • Gain insight into the work advocacy groups do in promoting policy solutions to issues such as unsustainable food systems and unhealthy diets;
  • Learn how to communicate research results effectively to advocates; and
  • Learn how to develop effective relationships with advocates.


Advocates should attend to:

  • Build new connections with up-and-coming researchers in the fields of nutrition, non-communicable disease prevention, health policy, political science, and law;
  • Gain insight into how academic research is designed, conducted and published; and
  • Share knowledge on how researchers can effectively contribute to advocacy objectives. 


Venue 
Charles Perkins Centre, The University of Sydney

Seminar: Level 6 Seminar Room
Networking event: Level 6 staff lounge


Download the program

 


Presented by the Food Governance and Healthy Food Systems project nodes in the Charles Perkins Centre and Sydney Health Law at The University of Sydney Law School.


August
Sydney Juris Doctor (JD) 101: an insider's guide   View Summary
3 August 2017

Thinking about a career in law? Wondering what studying the JD is all about?

Join current JD student Harry Simons and get an insider's view on what life is like as a student of the Juris Doctor.

Open to those from any discipline, these sessions will provide you with an overview of the JD program.

You'll also be given practical examples of readings and tips about how you, as a JD student, would be expected to tackle these.

Find out how you can succeed in the JD program

An Overview of Contributory Fault Defences in International Investment Law   View Summary
8 August 2017

Registration

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An Overview of Contributory Fault Defences in International Investment Law

Speaker: Martin Andrew Jarrett, University of Mannheim

A topic with which all jurists are familiar, contributory fault, otherwise known as contributory negligence, has established itself in international investment law. Its potential impact on the claimant's ultimate recovery is substantial, yet arbitral tribunals routinely support their findings with vague reasoning. In light of this disparity, it is sought to bring doctrinal clarity to contributory fault in international investment law.

The pursuit of this objective reveals that, rather than being a unitary concept, contributory fault is the genus of two species: 'civil provocation' and 'mismanagement', with the latter containing the sub-species of 'reckless mismanagement' and 'negligent mismanagement'. Each of these concepts has unique doctrinal content, the application of which can make the reasoning supporting future findings of contributory fault more cogent and transparent.


About the speaker

Originally hailing from the Hunter Valley, Martin is a doctoral candidate and lecturer at the University of Mannheim, Germany. After completing his B.A. and LL.B. (1:1) at the University of Newcastle, he relocated to Frankfurt am Main, Germany where he practised for three years. In addition to regular teaching assignments at universities across Europe, he is currently the course coordinator at Mannheim for a compulsory course on Anglo-American law and various elective courses.



CPD Points: 1


This event is presented by the Sydney Centre for International Law.

JSI Seminar Series: What Does "Legal Obligation" Mean?   View Summary
10 August 2017

Registration

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Speaker: Assistant Professor Daniel Wodak, Virginia Tech

We use words like "obligation" in moral and legal contexts. But what do words like "obligation" mean in such contexts? On one view, "obligation" is ambiguous in moral and legal contexts. H.L.A. Hart is often read as having accepting this view. On another, "obligation" has a distinctively moralized meaning in legal contexts. Scott Shapiro, Joseph Raz, and Jules Coleman endorse this view; it is perhaps the dominant view in philosophy of law. A third view is that "obligation" has a generic meaning in moral and legal contexts. This is often accepted in linguistics and philosophy of law. Debates about this issue in philosophy of law rarely engage with philosophy of language, and vice versa. That is a problem. After showing how we can make the nature of and disagreements between these three views more precise, Daniel Wodak will show how we can marshal linguistic data against both rivals to the view that "obligation" has a generic meaning. He will close by explaining why this has some significant implications for jurisprudence.

 

About the Speaker

Daniel Wodak is an Assistant Professor in Philosophy at Virginia Tech, where he works on metaethics, ethics, and philosophy of law. He has published in Philosophical Studies, Oxford Studies in Metaethics, Philosophy Compass, and the Routledge Companion to Philosophy of Race. He completed a BA and LLB at Sydney University and a PhD in Philosophy at Princeton.

 

CPD Points: 2

Law & Business Seminar: The Mixed Progress of Corporate Governance in China   View Summary
14 August 2017

Registration

Click here to register for this seminar.

Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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The Mixed Progress of Corporate Governance in China

Speaker: Professor Guo Li, Peking University Law School

This seminar will address the development and predicament for the governance area of Chinese companies in the past years, through a comparative and contextual approach. The issues covered include the independent director, board of supervisors and shareholders' lawsuits, etc.

About the speaker

Guo Li is a Professor of Law and Vice Dean at Peking University Law School, and the chief editor of PKU Journal of Legal Studies. He has also taught and researched at Cornell, Duke, Freiburg, Vanderbilt, Case Western Reserve, and the recipient of the Humboldt Foundation Fellowship. His scholarly interests cover financial laws, social development and comparative studies. He is a graduate of PKU, Southern Methodist, and Harvard Law School.

Commentator: Jim Harrowell AM, Partner, Hunt & Hunt Lawyers

Chair: Professor Vivienne Bath, The University of Sydney Law School

Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55

CPD Points: 1


This Law & Business Downtown Seminar is co-sponsored by the Centre for Asian and Pacific Law (CAPLUS) at The University of Sydney Law School and the  China Studies Centre at The University of Sydney.

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How Asian Americans Have Succeeded in the Law   View Summary
15 August 2017


Registration

Click here to register

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About the talk


Frank H. Wu, author, law professor, former law school dean, and head of a prestigious non-profit Chinese American membership organization, will talk about how Asian immigrants and their American born descendants have been integral to the development of Constitutional law and common law. He will discuss precedent setting cases they have been party to on issues such as citizenship, racial equality, and due process. He also will offer examples of their progress as attorneys and judges. He will engage in dialogue about how democracy and diversity can work together as ideals.


About the speaker

Frank H Wu is currently a Distinguished Professor at University of California Hastings College of Law. He previously served as Chancellor & Dean after having been voted the most "influential" dean in legal education in a poll by National Jurist magazine.

In April 2016, he was elected by the members of Committee of 100 as their Chair. The Committee of 100 is a non-profit membership organization. It invites Chinese Americans who have achieved the highest levels of success to join, working on twin missions of promoting good relations between the US and China and the civic engagement of Chinese Americans.

He is the author of Yellow: Race in America Beyond Black and White, and co-author of Race, Rights and Reparation: Law and the Japanese American Internment.

CPD points = 1

Corporate Governance and Regulation: East Meets West Conference   View Summary
17 August 2017 to 18 August 2017

Registration

Click here to register.

Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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This two day conference discusses key developments in the field of corporate governance and regulation in Australia, the United States and Asia.

The conference is convened by The University of Sydney Law School together with the National University of Singapore, University of Auckland, Vanderbilt University, Yonsei University, and includes many leading national and international scholars in the field of corporate governance.

The conference will traverse a range of topical contemporary issues in corporate governance and regulation including:

  • The nature of the corporation and its regulatory implications
  • Lessons from the rise of independent directors in Australia and Asia
  • Comparative analysis of directors' duties (and legal safe harbours) in Australia, the United States and Asia
  • The exceptionalism of corporate governance in China - an international comparison of the Chinese board of supervisors system
  • Comparative analysis of whistleblowing as a corporate governance technique
  • The changing role of shareholders in corporate governance - shareholder activism and the rise of shareholder Stewardship Codes in Asia
  • Developments in merger litigation
  • Administrative regulation-making in Australia and the United States.

Speakers include:

 

View the conference program (pdf).

 

Registration (inc. GST)
Full fee (for 2 days): $100
Students: $50
Alumni: $80

There is no one day rate.

 

Time
Thursday 17 August: 9.15am - 4pm
Friday 18 August: 9.30am - 3.30pm

 

 

This conference is hosted on behalf of Sydney Law School by Ross Parsons Centre of Commercial, Corporate and Taxation Law (Law & Business program), and Centre of Asian and Pacific Law (CAPLUS), forms part of The University of Sydney’s Innovation Week and is generously co-sponsored by:

  • Centre for Asian and Pacific Law (CAPLUS) at The University of Sydney Law School
  • Sydney Southeast Asian Centre (SSEAC) at The University of Sydney
  • China Studies Centre (CSC) at The University of Sydney

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Sydney Ideas - Hong Kong Twenty Years After the Hand-Over   View Summary
22 August 2017

Hong Kong Twenty Years after the Hand-over: developments since 1997 and prospects for the future

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A Sydney Ideas forum co-presented with the China Studies Centre and the Centre for Asian and Pacific Law, Sydney Law School.

This forum will examine developments in Hong Kong in the 20 years since it became the Hong Kong Special Administrative Region of the People's Republic of China and prospects for Hong Kong's future under Chinese rule. Each of our speakers will present a short paper, then we will open up the floor to audience questions.


Chair: Professor Luigi Tomba, , Director of the China Studies Centre


Presenters:

  • Professor Bing Ling, Professor of Chinese Law and Associate Dean (International), Sydney Law School and Associate Director (China) of the Centre for Asian and Pacific Law on Twenty Years of Interpretation of the Basic Law by Beijing: a troubled story
  • Dr Kevin Carrico, Lecturer in Chinese Studies at Macquarie University and the author of The Great Han: Race, Nationalism and Tradition in China Today on A Destabilizing Stability: Hong Kong 20 years after 1997
  • Dr Joyce Nip, Senior Lecturer in Chinese media studies at the University of Sydney


More speaker information and abstracts


Registration

Free, however registration is essential. Please click here to register.


CPD Points: 1.5

Freedom of Speech and the Case for Defamation Law Reform    View Summary
24 August 2017

Inaugural Professorial lecture presented by Professor David Rolph, University of Sydney Law School


Chaired by: Greg Tolhurst, Executive Director, NSW Bar Association

About the seminar:
Freedom of speech has become politically prominent and contested in Australia in recent years, most notably through the long running debate about the Racial Discrimination Act 1975 (Cth) s 18C. Public discussion about freedom of speech has tended to be narrowly focused. There are many areas of law which restrict or regulate freedom of speech, many of which are long-standing and well known. Amongst the most significant, well established and pervasive is the tort of defamation.

The purpose of defamation law is to strike a balance between the protection of reputation and freedom of speech. Defamation law then is the common law cause of action with freedom of speech as a central interest. Given the renewed focus in Australia on freedom of speech, it is an opportune time to revisit the issue of defamation law reform. The last New South Wales Law Reform Commission report on defamation was released over twenty years ago; the last Australian Law Reform Commission report on defamation was released almost forty years ago. Much has changed in the intervening decades. The national, uniform defamation laws, commencing in 2006, were principally directed to achieving the goal of uniformity, rather than substantive law reform. There is then still scope for further reform. This lecture outlines the case for defamation law reform and the principles that should inform future reform processes.

This lecture has been organized in association with the Ross Parsons Centre of Commercial, Corporate and Taxation Law at Sydney Law School.

Registration is not required

Click here for flyer

CPD points = 1

JSI seminar : What does it mean to 'offend', 'insult' 'humiliate' and 'intimidate'?    View Summary
24 August 2017

Registration

Click here to register
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JSI seminar: What does it mean to 'offend', 'insult' 'humiliate' and 'intimidate'? Section 18C of the Racial Discrimination Act(Cth) and the problem of harm

Speaker: Dr Sarah Sorial, University of Wollongong

There has been significant public debate about the wording of section 18C of the Commonwealth Racial Discrimination Act (RDA), specifically in relation to the words "offend" and "insult." The inclusion of these words in the offence, it is argued, is not only too broad and too vague, but also unduly restricts freedom of speech. Part of the problem is that the legislation does not define the key terms - offend, insult, humiliate and intimidate, or establish a harm threshold - and so leaves itself open to the charge that it is too imprecise to have any meaningful legal content.

In this paper, Sarah Sorial takes up this definitional challenge with reference to Joel Feinberg's discussion of harm and its relation to hurt and offense. She argues that while the terms offend, insult, humiliate and intimidate may be conceptually different, and may not necessarily cause harm in and of themselves, they are in fact closely interrelated. Words that offend, insult, intimidate or humiliate, when uttered in particular contexts, can and do cause harm. Harm is defined in terms of setbacks or damage to a person's interests and can be understood in both an objective and subjective way. Dr Sorial argues that because there are compelling reasons for restricting speech that causes harm more generally, and because speech that offends, insults, humiliates and intimidates, can also cause harm (as she will demonstrate), there is nothing unduly restrictive about s18C in its current form.

About the Speaker

Dr Sarah Sorial is a senior lecturer in the Philosophy Program in the Faculty of Law, Humanities and Arts. Between 2008-2011, she was an ARC Post Doctoral Research Fellow at Macquarie University (2008) and The University of Wollongong (2009-11). Sarah completed her undergraduate degrees in philosophy and law at Macquarie University. She was awarded her PhD in philosophy from The University of New South Wales in 2006. Sarah has also taught at Macquarie University and UNSW. Sarah's research specialization is primarily at the intersection of political philosophy and philosophy of law. The focus of her current project is on the limits of free speech and deliberative democracy. Other recent publications are concerned with issues in rights theory, feminism and phenomenology.

CPD Points: 2

The John Lehane Memorial Lecture   View Summary
29 August 2017

Registration

To register, email Anja Vogel - Anja.Vogel@allens.com.au
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Speaker: Lord Justice David Richards

Allens Linklaters invites you to join them for the eighth John Lehane Memorial Lecture.

Lord Justice David Richards will speak on the topic, 'Is equity fair?'.

About the Speaker

Lord Justice David Richards is a Lord Justice of the Court of Appeal of England and Wales. He was appointed a High Court Judge (Chancery Division) in 2003 and a chairman of the Competition Appeal Tribunal in 2004. He was chairman of the Insolvency Rules Committee from 2005 to 2015 and is co-chair of the Judicial Committee of the International Insolvency Institute. He was appointed as a Lord Justice of Appeal in 2015.

John Lehane made a significant contribution to the study and practice of law in Australia. He was a leading banking law partner of Allen Allen & Hemsley and, ultimately, chairman. In 1995, he was appointed to the Federal Court of Australia, where he served with distinction until 2001. John Lehane lectured in law at the University of Sydney for many years and co-authored Australia's leading text on equity.

Register by Tuesday 8 August:

Contact Anja Vogel:

Email: Anja.Vogel@allens.com.au

Phone: 02 9230 4723

Post Truth Initiative Series: Wrongful Conviction and Truth   View Summary
29 August 2017

Wrongful Conviction and Truth

When does evidence obscure the truth? Join us for a forum on the avoidable causes of wrongful conviction.

Wrongful convictions can and do happen - it's a sad fact of the Australian legal system. This panel will look at how evidence in legal proceedings can inadvertently support false conclusions if handled by non-experts (as is usually the case). Panel members are associate lecturer in psychology Celine van Golde, barrister and senior lecturer in law Miiko Kumar, both of the ‘Not Guilty’ project at the University of Sydney, and professional linguist Helen Fraser, of Forensic Phonetics Australia.

They will present real-life cases in which errors, by eyewitnesses, police, prosecutors, and other experts led to people spent years in jail following unfair trials. With reference to their ongoing research on human perception and memory they then ask: what can we do to prevent future miscarriages of justice?

Speakers:

  • Dr Celine Van Golde, Forensic Psychology Lab, School of Psychology, Faculty of Science
  • Dr Helen Fraser, specialist in cognitive phonetics
  • Miiko Kumar, Barrister and  Senior Lecturer, University of Sydney Law School

This event is a part of our Post Truth Initiative Series presented by the Post Truth Initiative, a Sydney Research Excellence Initiative at the University of Sydney.

The Post Truth Initiative Series examines fake news, alternative facts, lies, bullshit, and propaganda, from a range of perspectives-from the courtroom to cancer research, from philosophy to screenplays, from Orwell to Sean Spicer-with the goal to better understand the post-truth crisis, and to advise on how facts and reason might survive in this climate.

Series Chair: Professor Nick Enfield, Professor of Linguistics.

Registration

Free and open to all with online registration requested. Please click here for the registration page.

September
Sydney Juris Doctor (JD) 101: an insider's guide   View Summary
7 September 2017

Thinking about a career in law? Wondering what studying the JD is all about? Join current JD student Harry Simons and get an insider's view on what life is like as a student of the Juris Doctor.

Open to those from any discipline, these sessions will provide you with an overview of the JD program. You'll also be given practical examples of readings and tips about how you, as a JD student, would be expected to tackle these.

Find out how you can succeed in the JD program

2017 Dennis Leslie Mahoney Prize Lecture: Re-Imagining the Rule of Law   View Summary
7 September 2017

Registration

Click here to register
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2017 Dennis Leslie Mahoney Prize Lecture: Re-Imagining the Rule of Law

The rule of law is a concept at once too important to ignore, and too confused and confusing to guide. It needs and deserves re-imagining. Moreover, if we are to understand its character conditions and consequences, the legal imagination, if such a solecism be allowed, is as likely to hinder as to help.

Many, particularly lawyers, will resist such a suggestion. Where better to seek wisdom about the rule of law than from lawyers? Surely, like plumbers with toilets, and dentists with drills, they know whereof they speak. And why 're-imagine' a concept long central to great legal traditions, that has today come to have unprecedented popularity and more important, speaks to issues of profound importance? Why not stick with established insights and understandings, enriched as they have been with age-old reflection by those whose job - whose vocation indeed - has been to sustain the rule of law. Maybe some sediment might need to be brushed off, perhaps something added here and there, but why re-imagined? If, on the other hand, you are impatient with the idea, why not just abandon it it and turn to something else.

Notwithstanding the force of those objections, I believe the rule of law needs to be substantially re-imagined, rather than either recycled, on the one hand, or discarded, on the other. Not recycled, since conventional understandings have too often led to misguided explications, identifications, expectations, and efforts, quite apart from the waste of huge amounts of money. Not discarded, since like reflection on many of the most important (and also contested) concepts in the lexicon of political and legal morality, such as justice and democracy, equality and liberty, the rule of law engages us in fundamental issues of politics, morality, philosophy, and law (not to mention economics, which I don't mention only because I don't understand it). Instead, while we should start from traditional understandings and insights, we cannot end there. We must also be prepared to amend them, indeed re-imagine them quite radically, where they mislead or do not lead far enough. So much so, that to further the ends of the rule of law, we might need to leave conventional imaginings of it far behind.


About the Speaker

Martin Krygier is Gordon Samuels Professor of Law and Social Theory, UNSW, Adjunct Professor at RegNet, ANU, and recurrent visiting professor at the Graduate School of Social Research, Warsaw, and the International Institute of Sociology of Law, Onati. He is a fellow of the Australian Academy of Social Sciences. His writings are generally concerned to explore the moral characters and consequences of large institutions, among them law, state and bureaucracy.

His most recent book is Philip Selznick. Ideals in the World. In 2005, he published Civil Passions, a selection of his essays on matters of public debate. Between Fear and Hope. Hybrid Thoughts on Public Values is based on his 1997 Boyer lectures. In recent years, he has written extensively on the rule of law - its nature, conditions, and challenges - and on prospects for the rule of law in post-dictatorship, post-conflict, and generally politically scarred societies. Apart from many articles on these themes, he has edited and contributed to Spreading Democracy and the Rule of Law?; Rethinking the Rule of Law after Communism; Community and Legality: the Intellectual Legacy of Philip Selznick; The Rule of Law after Communism; Marxism and Communism. Posthumous Reflections on Politics, Society, and Law; Bureaucracy: The Career of a Concept (Edward Arnold, 1980). Apart from academic writings he contributes to journals of ideas and public debate.

In 2016 he was awarded the Dennis Leslie Mahoney Prize in Legal Theory.


CPD Points: 1.5

Neuroscience & Society: Ethical, Legal & Clinical Implications of Neuroscience Research    View Summary
14 September 2017 to 15 September 2017

Registration

Click here to register for the lecture on 14 September at Sydney Law School
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Free Public Lecture: Thursday 14 September, Sydney Law School

Is Neuroscience Relevant to Criminal Responsibility? Yes and No

Speaker: Katrina Sifferd, Elmhurst College, USA

Neuroscientific evidence has been offered in criminal courts to prove certain offenders are partially or fully excused from criminal responsibility. I will argue that neuroscientific data is relevant to the capacity responsibility of certain classes of offenders. Contra Morse, we do have some idea how the brain grounds the capacities necessary for understanding legal and moral rules, as well as volitional control; thus neuroscience can provide evidence that some groups of offenders have diminished capacity to commit a crime. This is the case with juveniles. However, work in the neuroscience of psychopathy does not indicate that as a class psychopaths suffer from diminished capacity. Therefore a diagnosis of psychopathy may be irrelevant to criminal responsibility.


About the speaker

Katrina Sifferd holds a Ph.D. in philosophy from the University of London, King's College, and is Professor and Chair of Philosophy at Elmhurst College. After leaving King's, Katrina held a post-doctoral position as Rockefeller Fellow in Law and Public Policy and Visiting Professor at Dartmouth College.

Before becoming a philosopher, Katrina earned a Juris Doctorate and worked as a senior research analyst on criminal justice projects for the National Institute of Justice. Katrina is the author of numerous articles and book chapters on criminal responsibility, reduction, folk psychology and law, and punishment. She is currently writing a book called The Responsible Brain with William Hirstein and Ty Fagan. The book project is funded by a grant from the Templeton Foundation on the Philosophy and Science of Self-Control.


Time: 6-7pm

Venue: Sydney Law School, Law Foyer, level 2, New Law School Building (F10), Eastern Avenue, Camperdown, The University of Sydney


Click here to register for the lecture with Katrina Sifferd on Thursday 14 September at Sydney Law School.

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Conference:

NEUROSCIENCE & SOCIETY: Ethical, Legal & Clinical Implications of Neuroscience Research
Sydney, 14-15 September 2017

Registration is now open for Neuroscience & Society, a conference exploring the ethical, legal, social and clinical applications and implications of neuroscience research.


The conference brings together leading national and international scholars and practitioners from the fields of neuroscience, psychiatry, psychology, government, public policy, law, social sciences, ethics, and philosophy to discuss critical current and upcoming issues.


The dynamic conference program features:

  • Over 25 talks and panels on a range of topics including: ageing and dementia; addiction, love, and self-control; neurolaw; moral enhancement; brain-computer interfaces, and artificial intelligence.
  • International speakers including:
    • Prof Katrina Sifferd (Elmhurst College, USA)
    • Brian Earp, (Oxford University, UK)
    • Dr Katy de Kogel, (Ministry of Security and Justice, The Netherlands)
    • Prof Julian Savulescu (Oxford University, UK)
    • Prof Tom Buller (Illinois State University, USA)
    • Assoc Prof Gregg Caruso (SUNY Corning, USA)
  • A poster session showcasing 16 pieces of innovative research from across the globe.
  • A free public lecture 'Is neuroscience relevant to criminal responsibility? Yes and No.'
  • Ample networking opportunities.

The conference will also launch the Australian Neuroethics Network, a collaboration between leading researchers and practitioners examining the implications of neuroscience for Australia.

Join us at this important event on 14 September (Sydney Law School) and 15 September (Dunmore Lang Conference Centre, Macquarie University) in Sydney (Australia).

Conference fees:

Full fee: $140
Student fee: $60

Registration entitles you to attend all sessions of the conference, including the Reception session on the evening of the first day, but excluding the Invited Speakers Dinner (also on the first day). Tickets are limited, and will be available on a first-come-first served basis, so please register early.

Register for the conferencehere.


Time and venues:

14 September - Sydney Law School

Day 1 conference: 1.30pm- 5.30pm, followed by end of day reception

Free public lecture: 6-7pm

15 September - Macquarie University

Day 2 conference: 9.30am-5.30pm


Neuroscience and Society is supported by the ARC Centre of Excellence for Integrative Brain Function Neuroethics Program, the Centre for Agency Values and Ethics at Macquarie University, and the University of Sydney Brain and Mind Centre.

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Juris Doctor Information Session   View Summary
14 September 2017

Registration

Click here to register
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Join our information session and find out about the University of Sydney's flagship graduate entry law degree the Juris Doctor (JD) program.

The JD is one of Australia's most reputable graduate entry degrees and develops your skills of analysis, research, writing and advocacy. With its unique international focus, the JD program will prepare you for legal practice in the modern global age.

Learn about the features of the Sydney JD, and why studying the JD can broaden your career opportunities. Find out about the admission requirements, fees and scholarships. Hear from a current JD student about what studying the JD is all about.

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Julius Stone Address 2017: Professor Seana Shiffrin   View Summary
18 September 2017

Registration

Click here to register
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Julius Stone Address 2017: Democratic Law

This lecture offers an account of democracy's intrinsic communicative value and law's special role in realizing that value. To nurture and sustain the social bases of self-respect and an operative sense of social solidarity, citizens must convey to each other their convictions of mutual equality, their commitments to respect their essential human needs and moral rights, and their mutual commitment to cooperate and provide every member with a stable place of belonging. The morally incumbent forms of interpersonal communication require a sort of public commitment undertaken through articulate action. Law serves as the requisite device of public communication that has qualities of substantive expression that mere discursive messages lack. Law is public, available for all to see, and takes the form of an ongoing, articulate commitment. But, for law to convey the message that citizens must convey, each of us must be able to contribute to its formation; hence, for law to play this special function, it must be democratically forged. The lecture traces these theoretical connections and some distinctive implications for democratic participation and respect for law.

 

About the Speaker

Seana Valentine Shiffrin is Chair and Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA, where she has taught since 1992 and is the co-director and co-founder of the UCLA Law and Philosophy Program. Shiffrin received her B.A. degree from the University of California, Berkeley where she was the University Medallist. She attended Oxford University as a Marshall Scholar and received the B.Phil. with Distinction and the D.Phil. in Philosophy. She earned her J.D. magna cum laude from Harvard Law School. Shiffrin teaches courses on moral and political philosophy as well as contracts, freedom of speech, constitutional rights and individual autonomy, remedies, and legal theory. She served for sixteen years as an associate editor of the journal Philosophy and Public Affairs where she is now an advisory editor. She is a member of the American Academy of Arts and Sciences and a recent winner of the Rutter Award for excellence in teaching. Her research addresses issues in moral, political and legal philosophy, as well as matters of legal doctrine that concern equality, autonomy, and the social conditions for their realization. She has written extensively on the morality of promising and the role of law in facilitating and fostering moral character, with a special emphasis on the connection between contracts and promises. Her recent book, Speech Matters: On Lying, Morality, and the Law explored the ethics of communication and the connection between the prohibition on lying, freedom of speech, and moral progress.

 

CPD Points: 1.5

 

This event is generously sponsored by the Educational Heritage Foundation.

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Colloquium on Intersections of Private Law   View Summary
19 September 2017

This colloquium on Intersections of Private Law on 19 September brings together a number of leading private law academics from Australia and internationally.

Speakers in the program include:

  • Professor Barbara McDonald, University of Sydney Law School
  • Professor Helmut Koziol, Institute of Tort and Insurance Law in Vienna
  • Associate Professor Wayne Courtney, National University of Singapore
  • Professor David Rolph, University of Sydney Law School
  • Professor James Goudkamp, Fellow of Keble College and an Associate Professor in the Oxford Law Faculty
  • Dr Allison Sillink, Law Faculty, University of Technology Sydney

Click here for a draft copy of the program.

This event is now full.

The International Court of Justice - A Progress Report   View Summary
25 September 2017

Registration


We have reached capacity. To join the waiting list please emaillaw.events@sydney.edu.au.

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Join us for a lunch seminar with His Excellency James Crawford AC, Judge of the International Court of Justice.

The International Court has been in existence for 72 years. Like other long-established institutions it has had its ups and downs, and it has had to maintain its relevance in a climate not necessarily conducive to interstate judicial settlement of disputes. That need continues -- yet the Court has a substantial caseload raising important issues of law and fact. James Crawford is only the second Australian to serve on the Court -- the first, Sir Percy Spender, stepped down 50 years ago. In this presentation, he gives an overview of the Court's work and prospects.


About the Speaker
James Crawford AC is a judge of the International Court of Justice. He was previously Whewell Professor of International Law at the University of Cambridge (1992-2015), and previous to that, Challis Professor of International Law and Dean of Law at Sydney University. As a member of the International Law Commission (1992-2001), he was responsible for its work on the Draft Statute for an International Criminal Court (1994) and for the ILC Articles on State Responsibility. He has published widely, and prior to his election to the Court acted as barrister, expert or arbitrator in more than 1100 cases.

This event is hosted by the Sydney Centre for International Law at Sydney Law School.

CPD points = 1

Book launch of The Legal Protection of Refugees with Disabilities: Forgotten and Invisible?   View Summary
28 September 2017

Registration

Email law.events@sydney.edu.au to registerindicating whether you are attending the Sydney or Canberra book launch.
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The Sydney Centre for International Law (SCIL) at Sydney Law School warmly invites you to the launch of The Protection of Refugees with Disabilities: Forgotten and Invisible? The book will be launched by Australia's Disability Discrimination Commissioner, Alastair McEwin.


There will be two book launches, the first in Canberra on 26 September and the second in Sydney on 28 September.


About the book

In their ground-breaking new book, Professor Mary Crock, Laura Smith-Khan, Emeritus Professor Ron McCallum AO and Professor Ben Saul, of the Sydney Centre for International Law, explore the intersection of one of the world's oldest human rights instruments - the 1951 Refugee Convention - with one of the newest - the Convention on the Rights of Persons with Disabilities (CRPD). Funded by DFAT and a private donor, Ms Judy Harris, the book draws on three years of international fieldwork and examines the legal implications of the CRPD relative to the Convention's real-time implementation in six different refugee settings.


Click here for more details about the book.


The authors

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Canberra book launch

Tuesday 26 September, 6 - 7.30pm (book launch and cocktail reception)

Venue: East Hotel, Muse, Corner Canberra Avenue and Giles Street, Kingston, Canberra


Sydney book launch

Thursday 28 September, 6 - 7.30pm (book launch and cocktail reception)

Venue:Sydney Law School, Faculty Common Room, level 4, New Law Building (F10), Eastern Avenue, Camperdown


Copies of the book will be available for purchase at the book launch.


The book launch is proudly presented by Sydney Centre for International Law (SCIL).

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October
Health Law Masterclass   View Summary
6 October 2017

Registration

Click here to register for this seminar.

Please note: Individual online registrations MUST be paid by Mastercard, VISA or AMEX. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.
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Sydney Law School and QUT School of Law are co-hosting a Health Law Masterclass on recent developments in health law practice and regulation.Speakers at this event include members of Sydney Health Law, the focal point for health law teaching and research at Sydney Law School, members of the Australian Centre for Health Law Research at QUT School of Law, and distinguished legal practitioners specialising in health law.

This full day masterclass will feature discussion of legal issues of interest to both practising health lawyers and practicing health professionals.Thematic areas to be covered include developments in professional liability, recent health law issues relating to children, reproduction and the beginning of life, consent to medical treatment, and end of life decision-making and legislation.This event features a "controversies and hot topics" panel featuring all the presenters.

This will be of particular interest to practising health lawyers who provide services to the health sector, health professionals with an interest in legal, bioethical and regulatory issues, executives and managers of health care organisations, and students.

This masterclass is co-hosted by the Sydney Health Law at Sydney Law School and the Australian Centre for Health Law Research, QUT School of Law


Click here for a copy of the program

Registration (inc. GST)
Full Fee: $180
University of Sydney Student: $80

CPD Points = 6

Sydney Ideas - Fighting Corruption in Indonesia: Current Issues, Challenges and Prospects   View Summary
10 October 2017

Registration

Register here
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Sydney Ideas co-presented with the Sydney Southeast Asia Centre, and the Centre for Asian and Pacific Law.

Indonesia’s anti-corruption commission has investigated and prosecuted many big-fish corruption cases, and has secured many dozens of convictions, including very senior judges and politicians. This represents real progress; even a decade ago, many of the commission’s current targets would have been largely untouchable. However, the commission has faced serious resistance from those it has pursued and their associates. This resistance threatens to weaken the commission or even disband it, and to discredit its commissioners.

This forum examines the future of corruption eradication efforts in Indonesia, bringing together three speakers Professor Todung Mulya Lubis, one of Indonesia’s leading lawyers and anti-corruption advocates; Dr Laode Syarif, Commissioner for Indonesia Anti-Corruption Commission (KPK); and Professor Simon Butt, who specialises in Indonesian law and its corruption courts.

 

About the Speakers

Professor Todung Mulya Lubis is Indonesia's leading human rights lawyer, and one of Indonesia's best legal scholars. He has had a distinguished legal career in Indonesia, in Indonesia's Legal Aid Institute (which he directed in the early 1980s) and then in private practice, where he has taken on very high profile cases including the Indonesian defence lawyer for Myuran Sukumaran and Andrew Chan. He has also held senior government appointments and is head of Transparency International Indonesia.

Professor Simon Butt is Professor of Indonesian Law at the University of Sydney Law School, where teaches Indonesian law and Private International Law. He has written widely on Indonesian law, including The Constitutional Court and Democracy in Indonesia (2015), Corruption and Law in Indonesia (2012) and The Constitution of Indonesia: a contextual analysis (2012, with co-author Tim Lindsey). He has recently completed Indonesian Law (forthcoming, with co-author Tim Lindsey).

Dr Laode M Syarif (Sydney PhD (Law) '08) is Commissioner for Indonesia Anti-Corruption Commission (KPK) (2015-2019). Before he joined the KPK, Syarif was a Senior Lecturer at Hasanuddin University, Faculty of Law, Makassar, Indonesia. He taught Environmental Law, International Environmental Law, and developed Anti-Corruption and Environmental Law Clinics in several Law Schools in Indonesia. He also served as one of the principal trainers of the Supreme Court of Indonesia in the area of Environmental Law and Judicial Code of Conduct since early 2000.

 

Register and more information

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ACCEL Distinguished Speaker Lecture: A Stronger, Resilient Sydney   View Summary
11 October 2017

Registration

Register here
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Cities around the world are increasingly facing shocks and disruptions from natural hazards, social conflict and war, global financial fluctuations and rapid digital advances. Underlying stresses around inequity and social cohesion exacerbate these risks. In this ever disrupted world, leadership matters more than ever before. The way we make decisions about our cities affects the lives of millions of people here today, and those who will make Sydney home in future.

In a modern, safe and liveable city like Sydney, community city-scale risks are hidden from view. They develop as the climate changes, the community evolves and investment decisions disproportionally affect some city districts. In 2015, Sydney joined the 100 Resilient Cities initiative pioneered by the Rockefeller Foundation to understand the shocks and stresses that affect Sydney, and create a resilience strategy to tackle them. The program is an innovative collaboration with the metropolitan councils of Sydney, the NSW Government, business and community partners.

Sydney's Chief Resilience Officer Beck Dawson, will provide an overview of what will stop Sydney and the timely opportunity for building resilience into our city policies and planning, operations and governance. Resilient Sydney is hosted by the City of Sydney and governed by a Metropolitan Steering Committee, convened for the purpose.


About the distinguished speaker

Beck Dawson is the Chief Resilience Officer for metropolitan Sydney, hosted by the City of Sydney Council as part of the 100 Resilient Cities Network. Described as the person 'paid to worry for Sydney', Beck leads the development and implementation of the Resilient Sydney Strategy, working with governments, business and the community to identify local responses to global and city risks and challenges. As a property sustainability expert, Beck's background is in long-term planning and investment in the natural and urban built environments. She previously worked in cultural institutions and the Australian property sector and contributed to working groups across resilience, responsible investment and sustainability. Beck holds a Masters in Sustainable Architecture, a Graduate Diploma in Scientific Communication and a Bachelor of Science.


View the program


This distinguished speaker lecture is proudly sponsored by the Australian Centre for Climate and Environmental Law (ACCEL). ACCEL is affiliated with the Sydney Environment Institute.

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JSI Seminar: The German Approach to Proportionality: A Model for Australia?   View Summary
12 October 2017

Registration

Click here to register
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Speaker: Professor Niels Petersen, University of Münster

The proportionality test is an increasingly popular tool of fundamental rights analysis. After it has been developed by the German Federal Constitutional Court in the 1950s, it has been spread to different jurisdictions around the world. In Australia, the High Court recently introduced the proportionality test in McCloy v. New South Wales. However, proportionality is often criticized in the legal theory debate as an inadequate or even "irrational" legal standard because it requires the comparison of incommensurable values.

Professor Petersen's presentation has a two-fold aim. First, it addresses the theoretical critique of proportionality and shows that, while the gist of the critique is justified, this does not lead to the inadequacy of proportionality as a legal standard. Second, it observes how the German Federal Constitutional Court uses the proportionality test in practice and analyzes whether this practice could inform the debate on proportionality in Australian constitutional law.


About the Speaker

Niels Petersen is Professor of Public Law, International Law, and EU Law at the University of Münster since February 2015. He holds a PhD in law from Goethe University in Frankfurt and an M.A. in Quantitative Methods in the Social Sciences from Columbia University. From 2004 to 2006, he was a Research Fellow at the Max Planck Institute for Research on Collective Goods in Heidelberg, and from 2007-2015, he worked as a Senior Research Fellow at the Max Planck Institute for Research on Collective Goods in Bonn. Furthermore, he visited at the New York University School of Law as a Visiting Doctoral Researcher (2006/07) and as a Hauser Research Scholar (2012/13). His research focuses on comparative constitutional law, human rights law, the sources of public international law as well as the economic analysis of law. His most important publication is a recent monograph on Proportionality and Judicial Activism: Fundamental Rights Adjudication in Canada, Germany, and South Africa (Cambridge University Press, 2017).


CPD Points: 2

Careers in International Arbitration   View Summary
13 October 2017

Registration

Click here to register
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This event has been developed for law students who are interested in working in the fascinating fields of international commercial arbitration, international business law, and international trade and investment law. 

 

Speakers (former Chairs of the IBA Arbitration Committee)


Chairs

 

"Careers in International Arbitration" is organised by:

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Beyond Punishment Seminar Series: Technologies in Prisons: Digital Interfaces for Prisoners   View Summary
18 October 2017

Registration

Register here
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Technologies in Prisons: Digital Interfaces for Prisoners

This seminar brings together a panel of experts to discuss the implications of internet connectivity for prisoners. Digital communication devices are planned for NSW's new 'rapid build prisons' for the use of sentenced inmates. The Offender Access Digital Television screens, proposed for each prisoner's cubicle, will function as a portal to the outside world enabling limited access to education and support services, legal schedules as well as weekly buy-ups and accounts. The installation of technologies will address the digital inequality of prisons compared with the free-world where digital access is assumed and pervasive. But there are potential risks in granting prisoners a level of digital connectivity. How will prisons guard against inappropriate or illegal use? What will the service cost prisoners and will it be used as a privilege? Could the technologies open up prisoners' families and lawyers to surveillance? Underpinning this discussion will be a consideration of the purposes of imprisonment: a chance for rehabilitation, or a place of strict segregation from the world outside?

This seminar will examine legal, moral and social justice perspectives of providing digital communication access for prisoners.

Please join us for this Corrective Services NSW Beyond Punishment seminar.

 

About the speakers

Kat Armstrong, President, Public Officer, Co-Founder, Women's Justice Network
Kat Armstrong is President, Public Officer, and Co-Founder of the Women's Justice Network (formerly Women in Prison Advocacy Network). She is an ex-prisoner, having served 10 years, and now committed to advancing the interests of women and girls who are at risk or affected by the criminal justice system. Kat won the NSW Law & Justice Volunteer Award in 2011 and has recently been admitted to the NSW Supreme Court as a practicing lawyer.

Alison Churchill, CEO, Community Restorative Centre
Alison qualified in Social Work at Plymouth University UK. Since then she has worked in the field of child protection, women services, probation and parole, sexual assault counselling and the treatment of child sex offenders. For the past 20 years Alison has been the Chief Executive Officer of the Community Restorative Centre. She is also a Member of Sydney Institute of Criminology Advisory Committee, Member of the Justice Health and Forensic Mental Health Network Board of Management, and Recipient of the 2013 Justice Medal, sponsored by the Law and Justice Foundation of NSW.

The Hon. Elizabeth Evatt AC, Signatory, Community Justice Coalition
Elizabeth Evatt AC was the first Chief Judge of the Family Court of Australia, and the first female judge of an Australian federal court. In 1974 she chaired the Royal Commission on Human Relationships, which documented for the first time the then existing systemic discrimination against women in Australian social, economic and public life and which led in time to anti discrimination legislation and social, financial and legal change in favour of Australian women nation wide. In 1984 she was appointed as a member of the United Nations Committee on the Elimination of Discrimination against Women. She later chaired the Committee, from 1989 to 1991. She was Chancellor of the University of Newcastle from 1988 to 1994. She was the first Australian to be elected to the United Nations Human Rights Committee, serving from 1993 to 2000. She was made a Commissioner of the Australian Human Rights and Equal Opportunity Commission from 1995-8. In 1998 she was appointed as a judge of the World Bank Administrative Tribunal. She was elected as a Commissioner of the International Committee of Jurists in 2003. She was made an Officer of the Order of Australia in 1982, and was granted Australia's highest civil honour, the Companion of the Order of Australia in 1995.

Dr Rohan Lulham, Research Fellow, Designing Out Crime Research Centre, UTS
Dr Rohan Lulham is a research fellow at the Designing Out Crime Research Centre, UTS. His research covers the areas of design, environmental psychology and criminology, with particular research interests in affect and design, correctional design practice, and social innovation. Current projects include design and environmental standards for Audio Visual Link justice suites in juvenile and adult custody settings.

Chair: Dr Carolyn McKay, Deputy Director, Sydney Institute of Criminology
Dr Carolyn McKay is Deputy Director of the Sydney Institute of Criminology and lecturer. Her doctoral research examined the impacts of audio visual link technologies on prisoners' court appearance and access to justice.

 

CPD Points: 2

 

This event is sponsored by Corrective Services NSW and hosted by the Sydney Institute of Criminology, University of Sydney Law School.

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SCIL presents: Brexit: Reconciling Political Drama and Legal Realities    View Summary
18 October 2017

Registration

Register here
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Speaker: Associate Professor Armin Cuyvers, Leiden University

Brexit means Brexit, as Theresa May keeps reminding us. Yet as political rhetoric has to be transformed into legally and practically workable treaties, we need to move beyond tautology. Based on my research as well as my advisory work for the European Commission and the Dutch government, this presentation first gives a brief overview of the main obstacles and legal challenges facing Brexit. For example, how to legally arrange an orderly exit, with or without a transition period, how to retain sufficient market access without the UK remaining in the EU internal market, or how to ensure effective enforcement and compliance without full jurisdiction of the European Court of Justice? And what about the rights of EU and UK citizens, the financial obligations of the UK post-Brexit or the Irish border? Secondly, and although answers are in much shorter supply than questions at this stage, the presentation will discuss some of the options being floated to prevent a 'hard Brexit', which does exist and unfortunately is becoming an increasingly realistic scenario.

As Brexit raises so many questions, however, the presentation aims to be highly interactive, leaving sufficient space for debate on specific issues that may of particular interest from the Australian perspective.

About the speaker

Armin Cuyvers is an Associate Professor of European Law at the Europa Instituut of Leiden University. He previously was a visiting researcher at Berkeley, Stanford, Hastings Law School and Bilgi University, Istanbul, as well as a visiting fellow at the European Political Strategy Centre (EPSC) the in-house think tank of Commission President Juncker. Armin regularly provides legal advice to public and private parties on different fields of EU law. His research largely focusses on EU constitutional law and theory, sovereignty, Brexit, (con)federalism and the euro, often in a comparative perspective. He has been published in several leading international journals, including the Common Market Law Review, the European Law Journal and the European Constitutional Law Review.

CPD Points: 1

This event is proudly hosted by the Sydney Centre for International Law at The University of Sydney Law School.

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Law & Business Seminar: Whistleblower Protections in ASX 200 Codes of Conduct   View Summary
19 October 2017

Registration

Register for this seminar

Please note: To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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Speaker: Dr Olivia Dixon, The University of Sydney Law School

Whistleblowing is considered to be an integral component of corporate governance through exposing and remedying corruption, fraud and other types of wrongdoing in both the public and private sector.

While whistleblowers face a very real threat of retaliation, the current regime which purports to prohibit retaliation against private-sector whistleblowers is fragmented, complex and suffers from significant gaps. In the absence of progress towards comprehensive private-sector whistleblower protection, private commitments contained in corporate codes of conduct may provide an interim regulatory solution by setting a 'best practices' benchmark and diffusing norms that influence organisational behaviour and culture.

This seminar will examine the whistleblower policies of the ASX 200, comparing the private commitments contained therein to those currently available under statute.


About the Speaker

Olivia Dixonjoined Sydney Law School in 2013 as Lecturer in the Regulation of Investment and Financial Markets. Olivia teaches and researches in corporate law, with a particular interest in corporate crime. Prior to entering academia, Olivia practiced as a corporate finance attorney in Sydney and New York. Before becoming an attorney in 2003, Olivia worked as an analyst for a corporate finance company and at the Australian Securities and Investments Commission. Olivia has an LLM and JSD from New York University, where her doctoral dissertation was an empirical study examining the role of mutual funds as corporate governance monitors.


Commentator: Dennis Gentilin, Founding Director, Human Systems Advisory, Author of The Origins of Ethical Failure


Chair: Professor Jennifer Hill, The University of Sydney Law School


Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55


CPD Points: 1


*Please note the registration time and the venue has changed.*

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Choice of Court Agreements Under an International Civil Law Act   View Summary
19 October 2017

 

Speaker: Michael Douglas, The University of Sydney Law School

The Hague Convention on Choice of Court Agreements aims to ensure the effectiveness of choice of court agreements between parties to international commercial transactions. In late 2016, Parliament's Joint Standing Committee on Treaties recommended that Australia accede to the Convention through a proposed 'International Civil Law Act'. This presentation will consider how accession to the Convention would impact Australian law. Although the Convention largely aligns to the current approach to choice of court agreements in Australian private international law, there are important differences that deserve attention.

Chair: Andrew Bell SC

 

Download the flyer

 

Registration is not required

This seminar is open to members of the NSW Bar Association

 

CPD Points: 1

 

This event is presented by the NSW Bar Association and The University of Sydney Law School.

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JSI Seminar Series: Liberal Citizenship and the Isolated Tribes of Brazil   View Summary
26 October 2017

Registration

Click here to register
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Speaker: Dr Luara Ferracioli, The University of Sydney

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes.

In this paper, Luara Ferracioli brings liberal theory to bear on the question of whether Brazil's treatment of isolated indigenous tribes is justified. She argues that the current policy actually fails to treat isolated indigenous persons as free and equal.

 

About the Speaker

Dr Luara Ferracioli is Lecturer in Political Philosophy at The University of Sydney and a Researcher at the University of Amsterdam. Her research focuses on the philosophy of immigration and the philosophy of the family, broadly conceived. Her most recent work is forthcoming in the Journal of Legal Studies, Philosophy Compass and Philosophical Quarterly.

 

CPD Points: 2

Democratic Rights Night   View Summary
26 October 2017

Registration

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About Democratic Rights Night

As a democratic state Australia may be thought to subscribe to and protect certain core ideas for its citizens. Such ideas include freedom of political communication, freedom of election, freedom of religious belief, freedom of speech and freedom of assembly. Freedom of assembly is protected under International Human Rights Law and encompasses the right of citizens to engage in peaceful protests. In the last few years, however, there has been a worrying national trend. State legislatures have enacted laws which prevent the exercise of such rights by heavily regulating peaceful protests. Anti-protest laws across Australia give police broad powers to detain protestors and shut down protests in certain circumstances. There has also been an increase in the penalties faced by peaceful protestors.

The Democratic Rights Night will explore the extent to which Australians are able to exercise democratic rights, and particularly focus on rights to protest. The Democratic Rights Night will cover:

  1. Anti-protest laws;
  2. The rights of environmental activists to participate in environmental decisions by engaging in protests; and
  3. The corporate influence on laws that diminish protest rights

Our expert panellists are:

Emily Howie, director of legal advocacy at the Human Rights Law Centre. Emily runs the HRLC's Sydney office and leads its work on democratic freedoms, including freedom of assembly and association and free speech. In 2017 the HRLC intervened in Bob Brown's High Court challenge to Tasmania's anti-protest laws.

Sue Higgins, CEO of the Environmental Defender's Office NSW. The EDO specialises in public interest environmental law. As a litigator, Sue has carried many public interest environmental cases through many different courts in Australia, has acted for hundreds of community groups and individuals, has delivered legal workshops to communities all over NSW and beyond, and has represented EDO NSW and its clients on many advisory groups and forums. Sue has also represented hundreds of environmental protestors in criminal courts throughout NSW. Sue is passionate about public interest environmental law and providing access to environmental justice and;

David Ritter, CEO of Greenpeace Australia Pacific. David has been with Greenpeace for nine years, campaigning to secure an earth capable of nurturing life in all its amazing diversity. Prior to joining Greenpeace, he worked as a lawyer and academic. David is a widely published commentator on politics, law, history and current affairs. He is an honorary fellow of the Faculty of Law at the University of Western Australia, and a research affiliate of the Sydney Environment Institute and an Adjunct Professor in the Sydney Democracy Network, both at Sydney University.

The panel will be moderated by Christine Winter, a PhD student from the University of Sydney, attached to the Sydney Environment Institute. Christine is blending her Anglo-Celtic-Māori cultural heritage, background in geomorphology and applied ethics and justice, in a PhD directed at exploring how we might approach decolonizing theories of Intergenerational Environmental Justice.

November
2017 Paul Byrne SC Memorial Lecture   View Summary
1 November 2017

Registration

This event has reached capacity. Please email  law.events@sydney.edu.au to be added to the waiting list.

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2017 Paul Byrne SC Memorial Lecture:

15 years after-Terrorist laws and civil liberties: Is the balance right or wrong?

 

Speaker:   Terry O'Gorman


 

About the Lecture
Following the recent announcement of the Federal Government's decision to create an Australian version of the British Home Office and so create a superministry dealing with terrorism, it is timely to examine the balance between national security powers and civil liberties since 9/11 in 2001.

The additional recent announcements that ADF Special Forces will be given a role in domestic terrorist policing as well as the Federal Government's announcement to force tech giants to decrypt messages and hand them over to law enforcement agencies further raise the vexed issue of maintaining a proper balance between police and Intelligence services powers on one hand while maintaining civil liberties on the other.

Since Australia is set to copy the British Home Office structure in relation to the policing of terrorism, the contrasting stances of British Prime Minister Theresa May and Sir Keir Starmer will be the focus of the presentation.

 

About the Speaker

Terry O'Gorman's public role in the Queensland and Australian Councils for Civil Liberties is well known. He has been practising solely as a criminal defence lawyer since 1976 and is an Accredited Criminal law Specialist in Queensland. Terry was named one of Queensland's pre-eminent criminal lawyers on Doyle's Leading Lawyers List in 2015 and 2016.

 

Terry was awarded the Order of Australia in a General Division in 1991 for services to the legal profession. He is currently the President of the Australian Council for Civil Liberties and Vice President of the Queensland Council for Civil Liberties.

Previous speakers include:
2016  - Stephen Odgers SC 

2015 - The Hon Justice Virginia Bell AC

2014 - The Hon. J D Heydon AC QC

2013 - The Hon. M Gleeson AC QC

 

About Paul Byrne SC
This is the sixth Paul Byrne SC Memorial Lecture honouring Paul Byrne SC, who had a life long interest in criminal law and the criminal justice system, as well being an active participant and generous supporter of the Institute of Criminology at the Sydney Law School. Paul Byrne SC graduated in Arts and Law from the University of Sydney, and worked with the Public Solicitor's Office as a solicitor. He became a barrister in 1979, and was appointed a public defender. In 1983 he was awarded a Master of Laws degree with First Class Honours, and was awarded a University Medal. He was appointed Director of the Criminal Law Review Division and a Commissioner of the New South Wales Law Reform Commission. In 1995 he took silk and continued an outstanding career as an advocate in courts at all levels.


The Paul Byrne Memorial Fund

The Paul Byrne Memorial Fund has been set up to honour and continue Paul's interest in the criminal justice system by supporting the ongoing activities of the Institute of Criminology, such as lectures, seminars, publications, and awards. Attendees of the Paul Byrne SC Memorial Lecture are warmly invited to make a donation to The Paul Byrne SC Memorial Fund. Gifts to The Paul Byrne SC Memorial Fund support the activities of the Institute of Criminology and other activities in the field of criminal law at Sydney Law School, in memory of the late Paul Byrne SC.

 

CPD Points: 1.5

 

This event is proudly hosted by the Institute of Criminology, Sydney Law School, The University of Sydney, highlighting the Institute's support of critical criminal justice research, practice, policy and debate.

International Humanitarian Law Symposium   View Summary
1 November 2017 to 3 November 2017

Registration

Register here (places are strictly limited)
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Presented by Australian Red Cross and the Sydney Centre for International Law (SCIL) at The University of Sydney Law School.

In times of conflict, journalists and war correspondents often bear witness to the horrific, the unspeakable, and the illegal. Civilians used as human shields. Ambulances and humanitarian workers attacked. And chemical weapons turned on families and bystanders.

But how can we be made aware of possible war crimes if no one reports them? Your role as a journalist matters more than ever. And international humanitarian law — known as the 'laws of war' — can help you in this vital role. They can also be a tool to keep you safer.

The inaugural Symposium, featuring of some of Australia's finest legal and writing specialists, will help explore your role in ending impunity for war crimes, and discover how international humanitarian law (IHL) can help you report safely from conflict zones. Seminars will also look at how citizen journalists and mobile videos can change the course of a conflict; the implications of 'fake news'; and whether good reporting can lead to improved compliance with the laws of war.

This will be crucial knowledge for all correspondents and writers interested or currently working in the field.

 

Download the program

Download the flyer

 

Schedule:

1 November, 5.30pm - 8.30pm
IHL Speed Session

Open to all media professionals and journalism students.

2 November, 9.00am - 5.30pm (cocktail reception follows from 5.30 - 7pm)
IHL Symposium 'Humanitarian and Journalistic Challenges of Ethical War Reporting'

Open to all media professionals, humanitarian organisation and academics and post-graduate students in the fields of law or journalism.

3 November, 9.00am - 5.30pm
Inaugural IHL Teaching Symposium

Open to all academics and post-graduate students currently teaching or interested in teaching IHL.

 

Registration fees (inc. GST):

IHL Speed Session on 1 November - Free entry

One day pass - $75.00
Two day pass - $120.00

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Food Governance Showcase   View Summary
3 November 2017

Registration

Register
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Food is crucial to human survival and to the functioning of social, cultural and economic life. Yet the global food system faces serious threats that compromise its ability to deliver safe, adequate, nutritious, and sustainable food to the world's population. A key challenge for decision makers is identifying laws, policies, and regulations that will promote food security, safety, and sustainability, and improve nutrition and diet-related health, within the context of a rapidly changing food supply.

Drawing on the success of the 2016 Food Governance Conference, the Food Governance Node is hosting a showcase of home-grown work exploring these issues.

Like the conference before it, the Food Governance Showcase will cover food-specific laws and regulations, as well as other areas of law and policy that facilitate or impede access to a nutritious, equitable and sustainable food supply, for example, economic, trade, and intellectual property regimes. We welcome engagement with food system governance at the local, national, regional, and global level.

As the keynote event, the showcase will feature Law and Food: Back to Basics, where a panel of three legal experts will speak on specific areas of law and how they intersect with food and nutrition.


More information

View the program


The Food Governance Showcase is co-convened by Sydney Health Law at Sydney Law School and the Charles Perkins Centre.

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SCIL Presents: Human Rights Council's Investigative Mechanisms   View Summary
8 November 2017

Registration

Register here
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Human Rights Council's Investigative Mechanisms with a Specific Focus on the Current Fact Finding Mission on Myanmar

Speaker: Chris Sidoti, International Human Rights Consultant

Two of the UN Human Rights Council's mechanisms are well known - the Special Procedures and the Universal Periodic Review. Less well known is the use made of special investigations into specific human rights situations in specific countries. These time-limited investigations are more targeted than the mandates of Special Procedures and often complement the work done by Special Procedures.

Chris Sidoti has recently appointed one of the three members of the HRC's Independent International Fact Finding Mission on Myanmar. He'll discuss the role of these focused investigation mechanisms in the HRC's work and the Myanmar FFM in particular.

 

About the speaker

Chris Sidoti is a human rights lawyer, advocate and teacher. He currently works from Sydney, Australia, as an international human rights consultant, specialising in the international human rights system and in national human rights institutions. He has been Australian Human Rights Commissioner (1995-2000), Australian Law Reform Commissioner (1992-1995) and Foundation Director of the Australian Human Rights and Equal Opportunity Commission (1987-1992). He has also worked in non-government organisations, including as director of the International Service for Human Rights, based in Geneva, Switzerland, and for the Human Rights Council of Australia and the Australian Catholic Commission for Justice and Peace. In 2007-08 he was the independent chair of the United Kingdom Government's Northern Ireland Bill of Rights Forum. He is currently a member pf the United Nations Human Rights Council's Independent International Fact Finding Mission on Myanmar. He was also a member of the Board of the United Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights from 2012 to 2017. He is an adjunct professor at the Australian Catholic University and an Affiliate at the Sydney Centre for International Law at the University of Sydney.

 

CPD Points: 1

This event is proudly hosted by the Sydney Centre for International Law at The University of Sydney Law School.

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Beyond Punishment Seminar Series: Mental health and criminality: Are prisons 'the new asylums'?   View Summary
9 November 2017

Registration

Register here
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Mental health and criminality: Are prisons 'the new asylums'?

Much has been written about the prevalence of cognitive and mental health issues in prison populations. Have prisons become the 'The New Asylums' (FRONTLINE 2005) or are there more nuanced explanations for the perceived relationship between mental health, criminality and incarceration (NSWLRC 2012; Ben-Moshe 2017)? This seminar will examine possible concurrent factors that may lead people to come into contact with the criminal justice system: life skill deficits, substance abuse, domestic violence, housing insecurity and employment challenges. Do the cumulative impacts of disadvantage mean that the perceived prevalence of prisoners with mental health issues is over-stated? Should the focus shift, instead, to understanding and addressing the complex needs of people who offend? This provocative discussion will engage with incarceration, (de)institutionalization and medicalization.


Chair:

This event will be chaired by Associate Professor Arlie Loughnan of the Sydney Law School. Her research 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.


Speakers:

Dr Linda Steele is senior lecturer in law at University of Technology Sydney and visiting senior fellow at the University of Wollongong. Linda's research explores intersections of disability, law and injustice, particularly in the contexts of punishment, violence and institutionalisation. Since 2008 Linda has been a Board member of Women's Justice Network and from 2006 to 2009 worked as a solicitor at Intellectual Disability Rights Service.

Elizabeth McEntyre is an accredited Mental Health Social Worker, the Aboriginal Statewide Official Visitor for Northern NSW prisons and a Member of the NSW Mental Health Review Tribunal. Her PhD research 'Kidn But-ton Doon-ga: Black Women Know re-presents the lived realities of Australian Indigenous women with mental and cognitive disability in criminal justice systems.

Dr Olav Nielssen is a psychiatrist in private practice in Sydney, with appointments to St Vincents Hospital and as a Clinical Professor of Psychiatry at Macquarie University. He was a psychiatrist at Justice Health for fifteen years, and for the last eleven years has performed a weekly clinic at the Matthew Talbot Hostel. He was also a member of the Mental Health Review Tribunal between 2006 and 2016.

Kris Wilson is a clinical psychologist with Corrective Services NSW. He has worked in a medium secure forensic psychiatric service and has prepared reports for the courts on fitness and mental illness, as well as sentencing options, including the use of preventive detention. More recently he has delivered group treatment for violent offenders, and currently works in a specialist therapeutic unit within the women's prison system.


CPD Points: 1.5


This event is sponsored by Corrective Services NSW and hosted by the Sydney Institute of Criminology, University of Sydney Law School.

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The Supreme Court Annual Commercial and Corporate Law Conference    View Summary
15 November 2017

Registration

Click here to register.

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Overview

The Conference will revisit how fiduciary duties operate within corporations and in the more general commercial environment. There is much confusion about basic elements of conflicts law, particularly regarding conflicts of duty, both under the general law, and in statutory contexts including the Corporations Act provisions dealing with corporate officers, managed investment schemes and financial services. The proposition adopted by the High Court of Australia, that fiduciary duties are essentially proscriptive rather than prescriptive, has been placed under scrutiny in academic commentary and some judicial observations, and stands in contrast with recent cases such as Duncan v ICAC, which have upheld positive duties of disclosure in an apparently fiduciary context. There is also continuing uncertainty as to when fiduciary relationships will arise in a commercial context, outside the established categories. One of the problems is the unsatisfactory nature of the corporations case law on directorships of competing companies, and more generally the application of the conflict of duties rules in the commercial boardroom context. The confusion at a theoretical level makes it very difficult to give practical advice.Our speakers will review the law and seek to untangle the underlying principles and policy.


Speakers:

The Hon Justice Fabian Gleeson, Court of Appeal, Supreme Court of NSW

The Hon Justice Ashley Black,Equity Division, Supreme Court of NSW

Ms Rebecca Maslen-Stannage, Deputy Senior Partner, Herbert Smith Freehills

Professor Pamela Hanrahan, University of New South Wales

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CPD points = 4

Co-sponsored by the Supreme Court of New South Wales, The Law Society of New South Wales and the Ross Parsons Centre of Commercial, Corporate and Taxation Law of the University of Sydney Law Schoolples and policy.

JSI Seminar Series: Time-Gaps and Time-Sequence in International Law   View Summary
16 November 2017

Registration

Click here to register
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Speaker: Dr Deborah Whitehall, The University of Sydney

The past captivates international lawyers for reasons other than domestic lawyers find in precedent or parliamentary processes and involves not a turn to history, as might be apparent from the present fascination with the history-question, but rather a return to a time and place shared by international history. That last fact opens the box for this study to questions about how international law relates to international history. One line of response arises from rereading the political theory of Hannah Arendt and her thoughts about time-gaps and time-sequence. Her views arise from her vantage as a witness of the grand infamies of the twentieth-century: the crises of the nation-state; statelessness in Europe; revolution, world-war; totalitarianism; the Cold-War and, equally alarming for her, the new grip of mob mentality or mass culture across post-industrial society. She was also an observer and critic of the interventions of international law in each phenomenon. Her concepts of a time-gap and time-sequence lead international lawyers to new understanding not only about their part in international history but also highlight what difference they might make next.

 

About the Speaker

Deborah Whitehall joined the Sydney Law School in 2017. Her research considers the intellectual history of the twentieth century to reflect on the normative and institutional progressions of international law. Key thematic interests include French and German social thought and political theory after 1914; alternative histories of human rights; international legal theories and international legal histories.

Deborah was previously associate to the Hon. S.M. Kiefel AC, a solicitor at Mallesons Stephen Jaques, and a Principal Solicitor (Human Rights) for the Victorian government. She commenced her academic career as a lecturer of law at Monash University in 2014.

Oxford University Press will publish her book about Hannah Arendt and the alternative histories of human rights in 2018.

 

CPD Points: 2

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Criminalising Corporate Failure:Towards A New Model of Corporate Criminal Liability?   View Summary
16 November 2017

Registration

Click here to register
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Speaker: Professor Liz Campbell, Durham University

Under common law, the imposition of criminal liability on corporate entities has long been fraught with difficulty. To remedy this, the UK legislature is turning increasingly to an indirect form of omissions liability: the Bribery Act 2010 introduced the corporate offence of failure to prevent bribery, and now this provision has been emulated in respect of the failure to prevent the facilitation of tax evasion in the Criminal Finances Act 2017. In this article I chart the development of indirect omissions liability for corporates in the UK, and examine its rationales and benefits. Existing commentary has not explicated possible objections to this model; in a novel analytical approach I consider the implications of extending this to other offences, given the consequences for due process rights and its questionable effectiveness. In articulating and addressing a number of conceivable counterarguments, I seek to bring normative clarity to the debate and to provide detailed analysis which is crucial in whether to justify (or indeed to oppose) the introduction of a wider scheme of indirect corporate criminal liability. I posit that indirect liability for failure to prevent is justifiable and warrants being extended; this conclusion is predicated on instrumental as well as expressive grounds.

 

About the Speaker

Liz Campbell is Professor of Criminal Law at Durham University. Her research is socio-legal, and looks at responses to organised/organisational crime, corruption, and financial crime; constructions of criminal law definitions; and the presumption of innocence. Her research has been funded by Research Council UK's Partnership for Conflict, Crime and Security; Arts and Humanities Research Council; Law Foundation of New Zealand; Fulbright Commission; Modern Law Review; and Carnegie Trust for the Universities of Scotland. Currently she is involved in projects on the use of corporate vehicles to conceal and control illicit finance; the implications of Brexit for the policing of organised crime; and gender and the organisation of serious crime for gain.

 

Chair

This event will be chaired by Associate Professor Arlie Loughnan of the Sydney Law School. Her research examines criminal responsibility from a socio-historical perspective, setting developments in the law against extra-legal developments in responsibility norms and practices.

CPD Points: 1

 

The Sydney Institute of Criminology presents this lecture as part of our 2017 seminar series. Join us as Professor Liz Campbell reflects on the complex nature of corporate criminal liability.

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Overcoming the Sexual Contract. Gender Quotas, Care-taking and Constitutions: Lessons from Europe   View Summary
23 November 2017

Registration

Click here for registration and secure online payment

Please note: Individual online registrations MUST be paid by Mastercard, AMEX or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.
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Speaker: Ruth Rubio Marín, Professor of Constitutional Law at the University of Sevilla

2017 Sydney Law School Distinguished Speaker Lecture:
Overcoming the Sexual Contract. Gender Quotas, Care-taking and Constitutions: Lessons from Europe

About the lecture

Enlightenment constitutionalism was grounded on a sexual contract defining gender roles as part of the basic structure of civil society. In current times, an emerging vision is taking shape around the need to enable both men and women to participate equally in all relevant domains of citizenship and to reclaim the domain of social reproduction as a domain of citizenship. Drawing mostly from examples of European constitutionalism and focusing on the debates around gender quotas and measures to encourage men´s involvement in care-taking, this lecture shows how old constitutionalism, once a reactionary force, is changing in the new century to facilitate the challenge of the sexual contract.

About the speaker

Ruth Rubio Marín is Professor of Constitutional Law at the University of Sevilla. Formerly (2008-2016) she held a Chair in Comparative Public Law at the European University Institute in Florence, Italy. Professor Rubio has taught at several other prestigious academic institutions including Columbia Law School and Princeton University. Her research represents an attempt to understand how public law creates categories of inclusion and exclusion around different axis including gender, citizenship, nationality and ethnicity. Methodologically, she combines law and political theory. Professor Rubio is the author of over 40 articles and author, editor and co-editor of several books including Immigration as a Democratic Challenge, Cambridge University Press, 2000; The Gender of Constitutional Jurisprudence, with Baines (eds.), Cambridge University Press, 2004; What Happened to the Women? Gender and Reparations for Human Rights Violations, Rubio-Marín (ed.), Social Science Research Council, New York, 2006; The Gender of Reparations: Subverting Sexual Hierarchies while Redressing Human Rights Violations, Rubio-Marín (ed.) Cambridge University Press, 2009; The Battle for Female Suffrage in the EU: Voting to Become Citizens, with Rodriguez Ruiz (eds.) Brill, 2012; Human Rights and Immigration (ed.) Oxford University Press, 2014; Transforming gender citizenship: The irresistible rise of gender quotas in Europe, with Lépinard (eds.) Cambridge University Press, 2018 forthcoming and Gender Parity and Multicultural Feminism (with Kymlicka (eds.), Oxford University Press, 2018 forthcoming.

CPD Points:
1

Sydney Ideas: Promoting Human Rights through Trade   View Summary
28 November 2017

Unfortunately Dr Cecilia Malmström is no longer able to come Sydney at this time in November, so this event is cancelled. We hope to host her again in early 2018.

Law & Business Seminar: Does Conviction Matter?    View Summary
29 November 2017

Registration

Click here to register for this seminar.

Please note: Individual online registrations MUST be paid by Mastercard or VISA. To pay by cheque or arrange a group registration, please email law.events@sydney.edu.au for an invoice. We apologise for any inconvenience.

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Does Conviction Matter? Do Deferred Prosecution Agreements Affect Reputational Sanction for Corporate Crime


Speaker: Professor Jennifer Arlen, NYU School of Law

Deferred Prosecution Agreements are a hot topic in Australia at the moment. The federal government is considering their introduction to address perceived problems with prosecuting companies accused of, for example, fraud or bribery.

There has been a dramatic rise in the use of such agreements in the United States over the last couple of decades. US prosecutors regularly enter into corporate deferred and non-prosecution agreements (D/NPAs) with firms with detected criminal misconduct. Critics of this practice claim that prosecutors mute the reputational damage costs imposed on firms when they resolve cases through D/NPAs instead of requiring corporations to plead guilty. In their view, formal conviction enhances deterrence by supplementing financial penalties with enhanced reputational penalty for corporate crime.

Professor Arlen's seminar will question this claim. Professor Arlen's seminar, which is based on a joint research with Cindy Alexander of the US Securities and Exchange Commission, will show that D/NPAs do not necessarily impose smaller reputational costs than formal corporate conviction. The joint research project shows that criminal settlements impose reputational cost on firms when news of the settlement leads interested third-parties-suppliers of goods, services of capital; customers; or lenders-to be less willing to deal with a sanctioned firm on favorable terms due to the perceived risk of future harm.


About the Speaker

Jennifer Arlen is the Norma Z. Paige Professor of Law and founder and director of the Program on Corporate Compliance and Enforcement at New York University School of Law (NYU). She has published over 50 articles and book chapters in leading scholarly publications. Jennifer has been a visiting professor at the California Institute of Technology, Harvard Law School, and Yale Law School, and was the Ivadelle and Theodore Johnson Professor of Law and Business at USC School of Law before moving to NYU.


Commentator: Dr Olivia Dixon, The University of Sydney Law School

Chair: Associate Professor Arlie Loughnan, The University of Sydney Law School


Registration (GST inclusive)
Full Fee: $77
Sydney Law School Alumni: $66
Sydney Law School Full Time Student: $44
Group 3+: $55


CPD Points: 1

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Upcoming Intensive Course:

Business Crime

27, 28, 30 November & 1 December

Engage with Professor Arlen in this intensive course which covers the law and effective enforcement policy governing crimes committed by large multinational corporations.

You can apply to study this on a one off basis without assessment.

Click here to apply.

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Book launch: Policing Undocumented Migrants: Law, Violence and Responsibility   View Summary
29 November 2017

Registration

Email law.events@sydney.edu.au to register.
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You are warmly invited to the launch of Policing Undocumented Migrants: Law, Violence and Responsibility.

Join Louise Boon-Kuo (author) and expert commentators Vicki Sentas, Abdul Hekmat and Laurie Berg for a discussion of the book focusing on policing, border control and the experiences of undocumented and temporarily authorised migrants in Australia.


About the book
The growing significance of migration policing in whole-of-government law enforcement and security makes understanding its operation and oversight of vital importance. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within Australian territory. Drawing on case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention and the immigration character test, this book reveals how the everyday violence of migration law is activated by making people 'illegal'. It exposes how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing.

More details about the book.


The author
Louise Boon-Kuo (University of Sydney) researches border controls within the nation, as well as their transnational and international manifestations; criminalisation; race; and citizenship.


Panel discussants
Vicki Sentas (University of New South Wales), author of Traces of Terror: Counter-terrorism law, policing and race (Oxford University Press, 2014).

Abdul Karim Hekmat, journalist, PhD candidate (University of Technology, Sydney), curator and exhibiting artist of The Invisible currently showing at the UTS gallery.

Laurie Berg (University of Technology, Sydney), author of Migrant Rights at Work: Law's precariousness at the intersection of migration and labour  (Routledge, 2016).


Copies of the book will be available for purchase at the book launch.

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