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August
Law & Business Downtown Seminar: The Remaking of Wall Street   View Summary
15 August 2018

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Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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The Remaking of Wall Street

Speaker: Professor Andrew Tuch, Washington University School of Law

This seminar will examine significant changes on Wall Street in the wake of the financial crisis of 2007-09. Since that time, major private equity firms have grown to resemble the former investment banks as they existed on the eve of the crisis. They have diversified their activities well beyond private equity, formed broker-dealer subsidiaries, and increasingly engaged in traditional investment banking. They have adopted the ethos of entrepreneurialism, innovation, and aggressive risk taking that was the hallmark of investment banking. Like the former investment banks, they act as "shadow banks" because of the bank-like functions they perform outside the traditional banking system. Many have gone public.

These similarities with the now-defunct investment banks might suggest that private equity firms pose financial risks similar to those of their predecessors. This seminar will argue that, as currently structured, private equity firms are more financially stable and pose less systemic risk. However it warns that ongoing changes in firms' broker-dealer activities and hedge and credit funds pose risks that require active regulatory monitoring. The seminar will consider the implications of these post-crisis changes for regulatory reform, the popular backlash against Wall Street, and the incidence of financial misconduct.

About the speaker
Andrew Tuch is a professor of law at Washington University School of Law. He writes and teaches in financial and securities regulation and corporate law. His scholarship has appeared in leading journals in the US and overseas and has been cited judicially, including by the Delaware Court of Chancery. He holds LLM and SJD degrees from Harvard Law School where he was a Fulbright Scholar and an Olin Fellow in Law and Economics. An Australian, he practiced corporate law in New York and London before entering academia.

 

Commentator: Waldo Jones, Sullivan & Cromwell

Chair: Dr Natalie Silver, 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


View the 2018 Law & Business Downtown Seminar Program


The Law & Business Downtown seminar series is organised by Professor Jennifer Hill, Director of the Law & Business Program, Professor of Corporate Law, The University of Sydney Law School.

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JSI Seminar Series: What Legal Officials Do When They Tell Us What To Do   View Summary
16 August 2018

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What Legal Officials Do When They Tell Us What To Do


Speaker: Rob Mullins, University of Queensland

This presentation considers the philosophical significance of the fact that legal officials use deontic language directively when they are administering the law. A distinguished tradition of analytic legal philosophers including John Austin and HLA Hart have argued that the directive use of deontic language to administer the law is philosophical significant. Most notably, Joseph Raz argues that the use of deontic language by legal officials supports the thesis that law makes a claim to moral authority. It is well known that Raz's attribution of a moral claim to law is imprecise in at least one way: any such claims should be attributed to legal officials, rather than law. The presentation revisits Raz's claim and argues for further revisions to his thesis.

The presentation begins by identifying an unsuccessful argument for the thesis that law makes a claim to moral authority, which is that legal directives are often couched in what appears to be moral language, for instance because they make reference to subjects' rights and duties. The unsuccessful version of this argument is based on an implausible semantics of deontic language. Little can be inferred directly from the fact that legal officials rely on such language when they are administering the law. The presentation then argues that it is not the presence of such language but its directive use by legal officials that is philosophically significant. It is philosophically significant in two ways. First, the directive use of language by legal officials indicates that they presuppose a form of practical authority over their subjects. The argument for the existence of such a presupposition is based on the typical success conditions of directive language. Second, the fact that legal directives are often couched in deontic language implies that the authority involved is one to create or apply rules that have broad social application. In the language of contemporary linguists, legal directives have a strong intersubjective character. The rules they impose or apply are related to a broader form of social authority. In this sense, legal directives are to be contrasted with simple commands and threats.

The presentation concludes by considering whether the practical authority that is presupposed by legal officials is moral authority. It is conceded that there are good reasons for thinking that the authority presupposed by legal officials is moral authority. However, if we wish to remain neutral between competing theories of morality, legal philosophers should abstain from referring to the authority presupposed by legal officials as moral authority. It may be that on our best theory of morality, morality and practical rationality come apart in various ways.


About the speaker

Rob Mullins is a lecturer in law at University of Queensland, where he has taught since 2015. Prior to taking up his position at the University of Queensland he completed graduate he completed a BPhil in Philosophy and a DPhil in Law at the University of Oxford. He was a lecturer in law at St Anne's College, Oxford from 2014-2015. Rob's research interests lie in legal philosophy, broadly construed. His recent published work has looked at the implications of accounts of the meaning and use of deontic language developed by logicians and linguists for the understanding of law.(2018).


CPD Points: 1.5

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Population Growth and Crime Prevention Round Table   View Summary
30 August 2018

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Population Growth and Crime Prevention Round Table

Sydney, like many cities, is growing. Recent data suggests that Sydney's population grew by more than 100,000 people in one year - the first time on record.

This Round Table event will consider the impact of population growth on crime and crime prevention, with a particular focus on measures to design out crime.

Dr Garner Clancey (University of Sydney) and Dr Leanne Monchuk (University of Huddersfield) will facilitate this event which will involve presenters from local government. Dr Jennifer Kent (Sydney School of Architecture, Design and Planning) will also present findings from recent research conducted in one of Sydney's growth centres. Dr Kent is interested in the intersection of planning, sustainable transport, health and well-being.


This event is proudly hosted by the Sydney Institute of Criminology at Sydney Law School.

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September
Julius Stone Address 2018: Inside and Outside Global Law   View Summary
3 September 2018

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Speaker: Hans Lindahl, Chair of Legal Philosophy, Tilburg University


Protracted and bitter resistance by alter- and anti-globalization movements around the world shows that the globalization of law transpires as the globalization of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. How is this possible? Conceptually: how must legal orders be structured such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that can include without excluding? Normatively: is an authoritative politics of boundaries possible which neither postulates the possibility of realizing an all-inclusive global legal order nor accepts resignation or paralysis in the face of the globalization of inclusion and exclusion? In the spirit of Julius Stone's approach to jurisprudence, addressing these urgent questions demands integrating doctrinal, sociological, and philosophical perspectives and insights concerning the law.


About the speaker

Hans Lindahl holds the chair of legal philosophy at Tilburg University, the Netherlands, and, from September 1, 2018, a chair of global law at the Law Department of Queen Mary University of London. He obtained law and philosophy degrees at the Universidad Javeriana, in Bogotá, Colombia, before taking a doctorate at the Higher Institute of Philosophy of the University of Louvain (Belgium) in 1994. He has worked since at Tilburg, first in the Philosophy Department, currently in the Law School. His primary areas of research are legal and political philosophy. Lindahl has published numerous articles in these fields. His monograph, Fault Lines of Globalization: Legal Order and the Politics of A-Legality, was published with Oxford University Press in 2013 (also published in Italian and Spanish translations). A follow-up monograph, Authority and the Globalisation of Inclusion and Exclusion, is forthcoming with Cambridge University Press in 2018. His current research is primarily oriented to issues germane to globalization processes, such as the concept of legal order in a global setting; the relation of boundaries to freedom, justice, and security; a politics of boundary-setting alternative to both cosmopolitanism and communitarianism; transformations of legal authority and political representation; immigration and global justice; collective identity and difference in the process of European integration. In dealing with these topics Lindahl draws on (post-)phenomenology and theories of collective action of analytical provenance, while also seeking to do justice to the nitty-gritty of positive law.


CPD Points: 1.5

 

The Julius Stone Address is generously sponsored by the Educational Heritage Foundation. It is named to commemorate the life and work of Professor Julius Stone, Australia's foremost legal philosopher and for many years Challis Professor of International Law and Jurisprudence at the University of Sydney.

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JSI Seminar Series: From Planning to Prototypes: New Ways of Seeing Like a State   View Summary
13 September 2018

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From Planning to Prototypes: New Ways of Seeing Like a State


Speaker: Professor Fleur Johns, UNSW

All states have pursued what James C. Scott famously characterised as modernist projects of legibility and simplification: maps, censuses, population studies, national economic plans and legislative programs. Many, including Scott, have pointed out blindspots embedded in these and the distributions of power that they entrench. As this criticism has continued, however, the synoptic techniques with which states and other governance institutions tend to work have changed. Governments and international institutions now draw upon immense, multi-source, real-time repositories of data, and aspire to do so more. Modes of analysis too have changed. No longer is legibility a precondition for action. Governance practice, law- and policy-making have come to be informed by methods of product and business development that prefer prototypes over plans. States and international institutions continue to plan, but alongside this, they pursue iterative learning gleaned from release of minimally viable policy mock-ups and rapid evaluation of their reception. Recent decades' critiques of modernist governance have limited purchase on these practices. Those concerned about maximizing these practices' potential, and minimizing the violence and waste that they may help bring about, must devise new ways of giving pause to the churn of contemporary governance thinking and practice. Effective critical intervention requires careful attention be paid to prevailing patterns of legal and policy practice in the development sphere, some of which this paper will elucidate, thereby foregrounding the significance of style in law and development work.


About the speaker

Fleur Johns is Professor and Associate Dean (Research) in the Faculty of Law at UNSW Sydney. Fleur studies patterns of governance on the global plane, employing an interdisciplinary approach drawing on the social sciences and humanities. Her current research focuses on changing modes of global relation emerging in the context of technological change, especially the politico-legal implications of introducing data science to international humanitarian and development work. In this connection, she is leading a 3-year Australian Research Council-funded Discovery Project entitled 'Data Science in Humanitarianism: Confronting Novel Law and Policy Challenges' (with Wayne Wobcke, UNSW Computer Science). Her publications include two monographs: The Mekong: A Socio-legal Approach to River Basin Development (co-authored with Ben Boer, Philip Hirsch, Ben Saul and Natalia Scurrah) (Earthscan/Routledge, 2016) and Non-Legality in International Law: Unruly Law (Cambridge University Press, 2013). Fleur has held visiting appointments in Europe, the UK and Canada - most recently, by invitation, as Shimizu Visiting Professor at the LSE in 2017. She has also held a series of editorial board appointments, the latest being her election to the Editorial Board of the American Journal of International Law in 2018. Fleur is a graduate of Melbourne University (BA, LLB(Hons)) and Harvard University (LLM, SJD; Menzies Scholar). Before her academic career, she practised for six years as a corporate lawyer in New York, specialising in international project finance.


CPD Points: 1.5

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Film screeing: Syria's Disappeared: The Case Against Assad   View Summary
18 September 2018
Film and Panel Discussion

This documentary tells the hidden story of tens of thousands of men, women and children disappeared by the regime of President Bashar al Assad into a network of clandestine detention centres.The film weaves together the powerful personal stories of three Syrians with evidence gathered from regime documentation smuggled out of Syria.
With unprecedented access, the film follows survivors of detention, families of detainees, regime defectors and international war crimes investigators as they fight to bring the perpetrators to justice and desperately campaign for the release of the disappeared.
The film explores the Commission for International Justice and Accountability (CIJA), which have collected almost one million Syrian government documents. To date, they have prepared eight case briefs against the top fifty senior leaders in the Syrian Government, including Bashar al-Assad.
The film will be followed by a discussion panel that will address options for justice and accountability and prospects for democracy in the Syria. The panel will also explore broader questions relating to how we should view organised violence perpetrated by armed actors, the mechanisms available to prosecute those most responsible for alleged international crimes, peace vs justice, the role of non-state actors in extending the system of international criminal law (ICL), and innovations in justice and accountability.
Panel Members:
Chair:
Time
6-7.45pm
    Venue
    Old Geology Lecture Theatre
    Registration
    Complimentary, however essential.

    Register here
    Law & Business Downtown Seminar: White Collars, Dirty Cuffs: The BBSW Cases and Rate-Rigging   View Summary
    20 September 2018

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    Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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    White Collars, Dirty Cuffs: The BBSW Cases and Rate-Rigging

    Speaker: Greg O'Mahoney, Barrister, New Chambers

    ASIC's cases against the major banks for alleged manipulation of the Bank Bill Swap Reference Rate (BBSW) were ground-breaking - not just in Australia but internationally. They concerned conduct which went to the integrity of Australia's key interest rate benchmark and markets at the heart of our financial system. The BBSW proceedings highlighted a corporate regulator with an unprecedented willingness to undertake complex investigations and litigation aimed at exposing conduct about which the Australian public (as Justice Jagot, in approving the settlement between ASIC and the ANZ and NAB banks, put it) should be "shocked, dismayed and disgusted".

    This presentation will examine the implications of these cases for the regulation of market manipulation in Australia.

    About the speaker
    Dr Greg O'Mahoney is a barrister in New Chambers. His principal areas of practice include corporate and commercial law. Greg appeared for ASIC in the BBSW proceedings against the ANZ Bank. He is an Adjunct Lecturer at Sydney University where he teaches a Masters course on market manipulation and insider trading. He was Associate to Chief Justice Murray Gleeson at the High Court of Australia in 2005-2006. Prior to commencing at the Bar, he studied as a Rhodes Scholar at the University of Oxford, where he completed the BCL and DPhil in law. He is a graduate of Sydney University with First Class Honours in both Arts and Law.

     

    Commentator: The Honourable Justice Michael Wigney, Federal Court of Australia

    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


    View the 2018 Law & Business Downtown Seminar Program


    The Law & Business Downtown seminar series is organised by Professor Jennifer Hill, Director of the Law & Business Program, Professor of Corporate Law, The University of Sydney Law School.

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    October
    Law & Business Downtown Seminar: Sketching the Australian Activist Landscape   View Summary
    23 October 2018

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    Please note: Online registrations must be paid by Mastercard or VISA. For alternative payment methods, please contact law.events@sydney.edu.au.
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    Sketching the Australian Activist Landscape: The Nature and Implications of Contemporary Australian Shareholder Activism

    Speaker: Tim Bowley, The University of Sydney Law School

    Shareholder activism attracts significant attention in the Australian financial press and is widely regarded as a major phenomenon in Australian corporate governance. In recent years, there have been calls for law reform to address shareholder activism - in some cases to facilitate it, in other cases to regulate it more closely. In order to understand the need for, and implications of, such reforms, it is important to have a clear understanding of the nature of shareholder activism in the Australian context.

    In this seminar, Tim Bowley will present the results of his research project, which analyses publicly-disclosed activist interventions in recent years relation to companies in the S&P/ASX 500 index. What emerges from this research is a more nuanced picture of the nature of shareholder activists, their objectives and tactics, and the types of companies they target.

    In this seminar, Tim will discuss the implications of his research for the regulation of shareholder activism in Australia and for corporate governance practices more generally.


    About the speaker
    Tim Bowley is currently a doctoral candidate at Sydney Law School, where he is engaged in research on the regulatory implications of shareholder activism. Prior to commencing his doctoral studies, Tim was a partner in a national Australian law firm with a practice focused on corporate advice and mergers and acquisitions, and has also practised in London. In 2017 Tim received Sydney Law School's Walter Reid research scholarship and undertook a doctoral exchange at Harvard Law School, where he researched the potential implications of developments in US shareholder activism for Australia. Tim holds a Bachelor of Arts and Bachelor of Laws from the University of Adelaide and a Master of Law from the University of Cambridge.


    Commentator: Ewen Crouch AM, Allens

    Chair: Dr Olivia Dixon, 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

     

    The Law & Business Downtown seminar series is organised by Professor Jennifer Hill, Director of the Law & Business Program, Professor of Corporate Law, The University of Sydney Law School.

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    November
    Protecting children from unhealthy food marketing: Learning from the past, ideas for the future   View Summary
    7 November 2018

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    Protecting children from unhealthy food marketing: Learning from the past, ideas for the future

    In light of rising rates of childhood obesity, regulation of unhealthy food marketing to children remains a hot topic, with the UK Government being the latest to consider stricter advertising controls.


    In contrast to the UK, Australia relies on two food industry initiatives to regulate unhealthy food marketing to children, which were introduced in 2009. Approaching the ten year anniversary of these initiatives, this event reflects on the state of play on food advertising regulation in Australia: what's the evidence linking unhealthy food marketing to children's diet-related health, what are the key forms of regulation applying to unhealthy food marketing to children, and have they been effective?


    Hosted by Cancer Council NSW, the Food Governance Node, and Sydney Health Law, this event will feature expert presentations on:

    - The latest research on how unhealthy food is marketed, and the link to children's health;

    - The food industry's two voluntary initiatives;

    - The Federal Court's decision in ACCC v Heinz and how consumer law interacts with food marketing; and

    - How the state government can contribute to reducing children's exposure to unhealthy food advertising.

     

    Time: 6-8pm (canapes from 6pm)

    See below for venue and other information.


    This event is proudly hosted by Sydney Health Law at The University of Sydney Law School, the Food Governance Node at Charles Perkins Centre, and Cancer Council NSW.

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    Other events of interest:

    Food Governance Conference

    3-5 July 2019

    Further information and register your interest

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    Event information:

    December
    REGISTER YOUR INTEREST: Food Governance Conference 2019   View Summary
    31 December 2018

     

    Conference: 3-5 JULY 2019 


    Register your interest:

    To register your interest, please email law.events@sydney.edu.au

    (you will be kept up to date with news and information about the conference)
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    Food Governance Conference 2019

    Everybody eats; it is the key to our survival, but food also has the potential to compromise health. The global food system is challenged by issues of drought, climate change, trade, malnutrition, and exploited workers. Population growth and the forces of marketization have further compromised the ability of the food system to deliver safe, nutritious and sustainable food to the world's population.


    In conjunction with the University of Sydney's Charles Perkins Centre, Sydney Law School will be hosting the second Food Governance Conference from the 3rd to the 5th of July, 2019. The Food Governance Conference will explore how law, policy, and regulation address food system challenges or contribute to them at local, national, regional, and global levels. This includes issues such as food security, food safety, food sustainability, equity and social justice in global food systems, and nutrition: under/malnutrition, obesity, and noncommunicable disease.


    While food-specific law and regulation will be a key focus of the Food Governance Conference, it will consider how broader legislative and policy regimes impede or facilitate access to a nutritious, equitable, and sustainable food supply, including economic, trade, and intellectual property regimes.


    The conference takes a broad, interdisciplinary approach, in the hope of highlighting the interrelationships between the main challenges facing the global food system in the 21st century, and to create new opportunities for collaboration between researchers, policymakers and practitioners in the related fields of food safety, security, and sustainability, and diet-related health.

     

    KEY CONFERENCE DATES 2019

    Closed workshops: Wednesday 3 July, 2019 (expressions of interest will be sought for running a workshop)

    Opening public oration: 6-7.30pm, Wednesday 3 July, 2019

    Main days of the conference: Thursday 4 July - Friday 5 July, 2019

    Early bird registration closes: Friday 3 May, 2019


    Abstract submissions: 

    Abstract submission opens: Monday September 3, 2018

    Abstract submission closes: Friday February 22, 2019

    Notification to authors: Friday 29 March, 2019


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    Other events of interest:

    Protecting children from unhealthy food marketing: Learning from the past, ideas for the future

    7 November 2018, 6-8pm

    More information and register


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