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February
Commercial Issues in Private International Law Conference   View Summary
16 February 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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This conference will consider key issues at the intersection of commercial law and private international law.

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to invoke principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report on the Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to the practice of law.

This conference will bring together members of the judiciary, the profession, academia, and government to discuss private international law as it relates to commercial law. The conversation will be timely. In late 2016, the Uniform Civil Procedure Rules were amended in respect of service outside of the jurisdiction. In 2017, Australia is likely to accede to the Hague Convention on Choice of Court Agreements, and to implement the Hague Principles on Choice of Law in International Commercial Contracts. The extraterritorial application of the Australian Consumer Law is under consideration by the Full Court of the Federal Court of Australia. While Brexit and the rise of Trump may have signalled a retreat from globalism, arguably, that is not the experience of private international law in Australia.

 

The conference will cover a range of current issues including:

  • Choice of court agreements
  • Service outside of the jurisdiction
  • Identification of the law applicable to cross-border contracts
  • The extra-territorial operation of statutes impacting cross-border contracts
  • Private international law issues for arbitration
  • Recognition and enforcement of foreign judgments
  • The Hague Judgments Project.

 

Contributors include:

  • Professor Vivienne Bath, University of Sydney
  • Dr Andrew Bell SC, NSW Bar
  • The Hon Justice Paul le Gay Brereton, Supreme Court of New South Wales
  • Professor Andrew Dickinson, University of Oxford
  • Dr Albert Dinelli, Victorian Bar
  • Mr Michael Douglas, University of Sydney
  • Ms Melissa-Jane Ford, Attorney-General's Department
  • Dr Benjamin Hayward, Monash University
  • Ms Dominique Hogan-Doran SC, NSW Bar
  • Mr Justin Hogan-Doran, NSW Bar
  • Dr Maria Hook, University of Otago
  • Dr Jeanne Huang, University of New South Wales
  • Professor Mary Keyes, Griffith University
  • Ms Brooke Adele Marshall, Max Planck Institute
  • Professor Reid Mortensen, University of Southern Queensland
  • The Hon Justice Steven Rares, Federal Court of Australia
  • Mr Donald Robertson, Herbert Smith Freehills
  • Professor James Stellios, Australian National University
  • Professor TM Yeo, Singapore Management University

 

View the program (updated as at 12 February 2018)

 

Registration fees (inc. GST):

Early bird (until 31 January 2018):

Academic early bird (no half day): $150

Practitioner early bird (no half day): $200

Early bird has now closed.

 

Full fee:

Academic full day (no half day): $200

Practitioner full day: $250

Practitioner half day rate: $125

Student: $50

 

Anyone with an interest in private international law is welcome.

We particularly encourage practitioners to attend.

 

CPD points: 7

 

This conference is sponsored by the Centre for Asian and Pacific Law (CAPLUS), Sydney Centre for International Law (SCIL), and the Ross Parsons Centre for Commercial, Corporate and Taxation Law (Parsons Centre) at The University of Sydney Law School.

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Symposium on The Agency of Muslim Women in the Australian Context   View Summary
21 February 2018 to 22 February 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.

Accommodation: for information about hotels close to the symposium venue, and special rates, please email law.events@sydney.edu.au.
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Symposium on The Agency of Muslim Women in the Australian Context

This Symposium aims to take an in-depth and exclusive look at the role and agency of Muslim Women in the Australian context. It will bring together leading academics and activists to examine the various areas that both affect Muslim women and in which Muslim women are active agents, leaders and participants. In bringing together scholars from disciplines including law, sociology, Islamic studies, philosophy and theology, the Symposium will exhibit the experiences and challenges of Muslim women, identifying gaps for improvement.

 

Some of the key themes include:

  • Muslim women leadership in Australia
  • Family law and Family Violence
  • Challenges and Islamophobia
  • Emerging spaces of agency for Muslim women
  • Female Islamic scholarship and Spirituality
  • Media and Representation
  • Identity
  • Facilitating Agency.

 

Keynote Speakers:

 

DRAFT PROGRAM (last updated 24 January 2018)

 

Time

Wednesday 21 February: 9am - 5.20pm

Thursday 22 February: 9am - 5pm

 

Registration fees (inc. GST)

(Registration is for 2-day conference attendance)

Full fee: $300

Alumni: $240

Student: $140

 

Please note that the conference will serve a halal menu.

 

The symposium is supported by The University of Sydney Law School and The University of Melbourne Law School, and partially funded by the Australian Government through the Australian Research Council.

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SCIL International Law Year in Review Conference   View Summary
23 February 2018

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Please note: Online registrations must be paid by Mastercard or VISA only. To arrange an alternative payment method, please contact law.events@sydney.edu.au

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The Sydney Centre for International Law at Sydney Law School is delighted to present the sixth International Law Year in Review Conference, to be held at the Law School on 23 February 2018. 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, international humanitarian, human rights and criminal 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 Senator Ivana Bacik, Reid Professor of Criminal Law (Trinity College Dublin) on 'Marriage Equality and Abortion Rights in Ireland'; and a literary lunch with award winning journalist and foreign correspondent Peter Greste, author of 'The First Casualty'.

Registration

Early Bird Full Day: $175 (closing date 31 January 2018)

Full day: $200 (after 31 January 2018)

Students: $99 (full day registration)

Morning sessions: $100 (includes morning tea and lunch)

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

Click here for a copy of the program

Conference flyer

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

Law & Business Downtown Seminar Series: Is Legal Risk Different?   View Summary
27 February 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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Speaker: Professor Charles M. Yablon, Benjamin N. Cardozo School of Law, Yeshiva University

Many business managers today increasingly view their role as one of "risk management." Aware of the general relationship between risk and return, they are constantly seeking to quantify and reduce various forms of business-related risk, whether they relate to competition, interest rates, currency fluctuation, labor relations or any other factors that may affect investment returns. It is not surprising that such managers would adopt a similar approach to legal risks, recognizing that while certain practices may be technically illegal, (e.g., employing undocumented workers) they may be common in certain industries, morally justifiable, have a low probability of detection and may therefore be viewed as risks worth taking.

In recent years, some companies have taken this approach to legal risk one step further. They have publicly adopted business strategies that they know violate various regulatory and even criminal laws. They have done this, however, in the hope and expectation that the violated laws are themselves unpopular, are unlikely to be enforced stringently, if at all, and where such enforcement, if perceived by the public to be interfering with businesses offering desirable services and products, may itself generate legal changes favorable to such businesses. Uber, Airbnb, and various companies involved in the production and sale of cannabis products all seem to have adopted some version of this business model.

This seminar addresses the role of the business lawyer in representing and advising such companies. This seminar does not consider whether giving such advice violates existing codes of professional responsibility. Rather, it addresses the following interesting questions:-

(1) whether those codes are themselves antiquated,

(2) whether the ethical constraints on business lawyers should be broadened and if so

(3) where the line should be drawn in counseling clients on breaking the law.

This seminar will provide affirmative answers to the first two questions and suggestions for some new approaches to the third.

 

About the speaker
Charles M. Yablon is Professor of Law and Academic Director of the Samuel and Ronnie Heyman Center on Corporate Governance at the Benjamin N. Cardozo School of Law, Yeshiva University in New York City. A graduate of Columbia University and Yale Law School, he has practiced business law at a number of major firms, including Cravath, Swaine & Moore and Skadden Arps. He has written and lectured extensively on many topics in corporate and securities law, including mergers and acquisitions, securities litigation, executive compensation and comparative corporate governance.

 

Commentators:

  • Brent Thomas, Head of Public Policy, AU, NZ, India and South East Asia, Airbnb
  • Valeska Bloch, Partner, Allens

 

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: 1.5

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March
Employment Relations and the Law Series 2018   View Summary
7 March 2018


**We have reached maximum capacity and registration is now closed**

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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, vulnerable workers and equality and diversity in work.

Schedule
6.15-8.15pm
7 March to 16 May

Date

Topic

Presenter

7 March

Introduction

Joellen Riley

14 March

The Employment Contract

David Chin

21 March

FW System, NES, Awards

Jacquie Seemann

28 March

Termination of employment

Kate Peterson

4 April

Vulnerable workers

Stephen Clibborn

11 April

Enterprise Bargaining

Alice Orchiston

18 April

Discrimination and equality

Belinda Smith

25 April

Break

2 May

Contemporary Issues - Social Media

Elizabeth Raper

9 May

Workplace investigations

Kate Peterson

16 May

Work Health and Safety

Richard Johnstone

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

Professor Joellen Riley, Dean and Professor of Labour Law, Sydney Law School
Associate Professor Belinda Smith, Sydney Law School
Dr Stephen Clibborn, Sydney Business School

Click here for a copy of the flyer

Registration fees (inc GST)
Full Fee Early bird (until 23 February): $990
Full fee (after 23 February): $1,200
Group (3+from the same org.): $900 pp
Sydney Law School Alumni: $792
University of Sydney Staff: $495

Please note: University of Sydney staff receive a 50% discount on the series fees. Please email PLaCE Coordinator for more details and to register.

MCLE/CPD points: 20 (based on 2 points per seminar attended).

JSI Seminar Series: Strong Popular Sovereignty and Constitutional Legitimacy   View Summary
8 March 2018

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Speaker: Associate Professor George Duke, Deakin University

Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and central assumptions of liberal constitutionalism. Foremost among these assumptions are the need to reconcile disagreement regarding controversial matters of common concern and the value of the rule of law. The weakness of such critiques, however, is that they presuppose a commitment to liberal principles and values that an advocate of strong popular sovereignty need not share. In this paper, Associate Professor George Duke argues that recourse to liberal assumptions is unnecessary in order to demonstrate the inability of a theory of strong popular sovereignty to issue in a viable account of constitutional legitimacy. Theories of constitutional legitimacy grounded in strong popular sovereignty and constituent power, Duke contends, simply lack the basic resources for an adequate theory of constitutional legitimacy because they do not offer normative grounds for an assessment of whether any particular constitution is or is not legitimate. The paper is structured in three sections. Section 1 demonstrates that Carl Schmitt's theory of constitutional legitimacy - which remains the primary source of contemporary appeals to strong popular sovereignty and constituent power - sustains a normative interpretation. Section 2 then develops a minimal constraint on an adequate normative theory of constitutional legitimacy. Finally, in section 3, Duke demonstrates why a normative account of constitutional legitimacy based on strong popular sovereignty and constituent power is, at least without supplementation from normative concepts derived from a weaker conception of popular sovereignty, unable to meet this constraint.

 

About the Speaker

Associate Professor George Duke completed a PhD at the University of Melbourne in 2011 and a JD at the Melbourne Law School in 2017. His research interests include the philosophy of law, the history of political thought and ancient philosophy. He has published on these themes in journals such as International Journal of Constitutional Law, Legal Theory, Law and Philosophy, American Journal of Jurisprudence, Political Studies and Federal Law Review.

 

CPD Points: 2

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Law & Business Downtown Seminar: 50 Shades of Green   View Summary
14 March 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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50 Shades of Green: Challenges and Opportunities in today's Green Bond Market

Speaker: Jan Job de Vries Robbé, Netherlands Development Bank FMO

Green Bonds are like Bitcoins. Everyone wants them, but do we truly comprehend what they are? The purpose of this seminar is to explain green bonds, their potential and risks. Yes, they present an unlikely marriage of structured finance and a potential mitigant of The Inconvenient Truth. At the same time, the expectations of green bonds in the market differ quite a bit. This gives rise to legal risks for market participants, for instance through 'greenwashing' of bonds. Market transactions, including 'Sustainability Bonds' will be covered to illustrate the points above.

 

About the speaker
JJ de Vries Robbé (JJ for short) is manager Legal Affairs at the Netherlands Development Bank FMO, and has been a visiting lecturer at the Faculty of Law at The University of Melbourne for more than 10 years on international financial transactions. He started his career in private practice and investment banking (the 'dark side'), before jumping the fence to development finance. His practice is global and highly diverse, ranging from derivatives, capital markets and lending to funds and microfinance.

 

Commentator: Anne-Marie Neagle, Partner, King & Wood Mallesons

Chair: Professor Tim Stephens, 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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Conference: The New Citizenship: Law, Legal Status and Belonging in the 21st Century   View Summary
15 March 2018 to 16 March 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 New Citizenship: Law, Legal Status and Belonging in the 21st Century

Laws and policies governing citizenship and nationality are undergoing dramatic challenges and changes in Australia and around the world. This conference at Sydney Law School will explore these developments, with interdisciplinary perspectives on: new citizenship deprivation regimes; changes to naturalization tests and eligibility; evolution of dual citizenship and entitlements of dual citizens; changes to immigration laws affecting access to citizenship; the impact of international law on national citizenship laws, and many more.

 

It will feature:

 

Speakers:

  • Elisa Arcioni, The University of Sydney
  • Heli Askola, Monash University
  • Mary Crock, The University of Sydney
  • Luara Ferracioli, The University of Sydney
  • Kirsty Gover, The University of Melbourne
  • Helen Irving, The University of Sydney
  • Sangeetha Pillai, UNSW
  • Kim Rubenstein, ANU
  • Ana Tanasoca, University of Canberra
  • Gwenda Tavan, La Trobe University
  • Rayner Thwaites, The University of Sydney
  • Christopher Tran, Victorian Bar

 

View the program(updated as at 12 March 2018)

 

Time

Thursday 15 March

2-5.30pm (registration from 1.30pm, Distinguished Speaker lecture 6-7pm followed by cocktail reception)

Friday 16 March

9am - 5.30pm (conference welcome from 8.45am)

 

Registration fees (inc. GST)

Full fee: $150

Alumni: $120

Student / unwaged: $50

 

The Conference is supported by the Sydney Law School, the Constitutional Reform Unit, and the Sydney Centre for International Law.

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2018 Distinguished Speaker Lecture: Sticky Citizenship   View Summary
15 March 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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Speaker: Professor Audrey Macklin, University of Toronto

2018 Sydney Law School Distinguished Speaker Lecture: Sticky Citizenship

About the lecture
Citizenship is good, and it is a good. Having citizenship is better than not having citizenship. And if one citizenship is good, two must be better, and three better still. But can it ever be otherwise? The recent controversy around the dual nationality of Australian parliamentarians illustrates not only that multiple citizenship may be a liability, but also that the involuntary ascription of citizenship at birth complicates ideas of autonomy and allegiance. Refugee determination, citizenship revocation, and Indigenous self-determination provide other sites to explore the implications of states 'sticking' people with citizenship that may be unwanted, or difficult to shed. In a world where the practical problem of statelessness is so much more pressing, the relatively marginal phenomenon of 'sticky citizenship' nevertheless offers an opportunity to consider embedded features of citizenship that are taken for granted but which warrant critical reflection.


About the speaker
Professor Audrey Macklin (BSc. (Alberta), LLB (Toronto), LLM (Yale) is Director of the Centre for Criminology and Sociolegal Studies and Chair in International Human Rights Law at the University of Toronto. She teaches, researches and writes in the area of migration and citizenship law, business and human rights, and administrative law. She is co-author of the Governance Gap: Extractive Industries, Human Rights, and the Home State Advantage (London: Routledge: 2014) and the Canadian text, Immigration and Refugee Law: Cases, Materials and Commentary, 2nd Edition (Toronto: Emond Montgomery, 2015).

Professor Macklin has published widely in academic journals and edited collections. Through her scholarship and personal participation, Professor Macklin's body of work addresses academic and non-academic legal audiences, interdisciplinary scholarly networks, and civil society inside and outside Canada. Prof. Macklin is a frequent commentator in Canadian and international print, radio and television media, and appears in the documentaries Continuous Journey and The Secret Trial Five. Her op-eds have appeared in the New York Times, The Guardian, the Globe and Mail, the Toronto Star, and the National Post.

From 1994-96, Professor Macklin was a Member of the Canada's Immigration and Refugee Board, where she adjudicated refugee claims. She was also involved in the case of Omar Khadr, a Canadian citizen detained by the United States at Guantànamo Bay for almost a decade. She was an observer for Human Rights Watch at the Military Commission proceedings against Mr. Khadr in Guantànamo Bay, and represented Human Rights Watch as intervener before the Supreme Court of Canada in two Khadr appeals. Professor Macklin has also acted as pro bono intervener counsel or academic legal advisor in several public interest human rights cases, including legal challenges to security certificates, withdrawal of health care for refugees, citizenship revocation, the ban on niqabs at citizenship ceremonies, and the deportation of long term permanent residents. Her current research project examines private sponsorship as a model of refugee resettlement, and has had the opportunity to collaborate with Australian colleagues in comparing Canadian and Australian approaches.

Prof. Macklin was named a Trudeau Fellow in 2017.

 

Registration fees (inc. GST)

Full fee: $15

Sydney Law School Alumni: $10

Student: $10



CPD Points:
1

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Upcoming conference of interest:

The New Citizenship: Law, Legal Status and Belonging in the 21st Century

15 & 16 March 2018

More information including the program

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Distinguished Speaker Lecture details:

JSI Seminar Series: Why Authority? A Jurisprudence Between Plurality and Pluralism   View Summary
22 March 2018

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Why Authority? A Jurisprudence Between Plurality and Pluralism


Speaker: Associate Professor Nicole Roughan, University of Auckland

In this paper, Nicole Roughan argues that the key to understanding both plurality and pluralism is to account for their entanglement without assuming that the former entails the latter, or that the latter is always justified when the former exists. She argues that a complex notion of authority, in which both reasons and relationships determine the existence and justification of authority, can illuminate such a perspective on plurality and pluralism. When both authority's reasons and relationships are pluralised vis-à-vis the subjects of those reasons and relations, the very existence and justification of authority depends on the ways in which plural claims and receptions of authority interact, as well as on the impact of such interaction on the values that pluralism might carry.


About the speaker

Nicole Roughan is an Associate Professor in the Faculty of Law, University of Auckland, and formerly of the National University of Singapore where she was Associate Professor in the Faculty of Law and Deputy-Director of the Centre for Legal Theory. Nicole has also held appointments at the University of Cambridge, Trinity College, Cambridge, the University of Kent at Brussels, and Victoria University of Wellington. Nicole's co-edited volume (with Andrew Halpin) In Pursuit of Pluralist Jurisprudence was published by Cambridge in 2017; and her monograph, Authorities: Conflicts, Cooperation, and Transnational Legal Theory by Oxford in 2013. Nicole has also published articles in leading law journals as well as a number of commissioned book chapters. Nicole's research field is the philosophy of law, where she specialises in the interactions of legal systems and orders, and the resulting challenges for pluralist jurisprudence. Nicole is currently working on a new book, Officials, which examines the centrality of the idea of the legal official to both the existence and legitimacy of law's authority. She is also engaged in collaborative projects exploring the theoretical foundations of indigenous laws, and theories of recognition. In January 2018, Nicole took up a Rutherford Discovery Fellowship awarded by the Royal Society Te Apārangi, to pursue a five-year project on Legalities: Jurisprudence without Borders.

CPD Points: 2

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April
JSI Seminar Series: Two Idea(l)s of the International Rule of Law   View Summary
5 April 2018

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Two Idea(l)s of the International Rule of Law


Speaker: Dr Richard Collins, University College Dublin

The rule of law is a somewhat ubiquitous ideal in international legal and policy debates yet, as a concept, it is marred by ambiguity and disagreement and, as an ideal, constantly frustrated by the political, structural and institutional realities of the international legal order. Rather than altogether undermining the idea of an international rule of law, however, Dr Richard Collins will follow Terry Nardin in suggesting that these institutional characteristics make the rule of law's application at the international level somewhat 'indirect and complex' (1983, p 183). On the one hand, the international rule of law can be understood by reference to what Nardin (himself drawing on the philosophy of Michael Oakeshott) called the 'basis of association' in international relations. This non-instrumental understanding of the rule of law lays stress on the importance of the legal form to the conduct of international politics, where mutual antagonisms are transferred from the battlefield to regimes and institutions that are legally-structured and constituted in accordance with agreed-upon rules and principles. On this view, legal argumentation is seen as an important end in itself, without necessarily (and naively) assuming that it will be determinative of any specific normative outcome. Nevertheless, this somewhat formalistic understanding has been under pressure since the early twentieth century, being progressively supplanted by a rival, more demanding and purposive vision. On this view, the rule of law is seen in quite 'anti-formal' and functional terms, bound up with the promise of institutionalism and the goal of developing legal mechanisms capable of constraining and pacifying the conduct of international politics. Rather than resolve the tension between these two understandings, however, Collins argues that they exist in a healthy and important antagonism in securing order and accountability in a contemporary era of 'global governance'.


About the speaker

Richard Collins is Lecturer in International Law, University College Dublin (UCD). His teaching and research covers both public international law (general/theoretical, international organisations, and the law of the sea) and legal theory/philosophy of law. Prior to joining UCD, Richard was a lecturer at the University of Sheffield (2009- 2014). He has held visiting research positions at the Amsterdam Center for International Law (ACIL), the Erik Castrén Institute of International Law and Human Rights (Helsinki), and most recently, the Nathanson Centre on Transnational Human Rights, Crime and Security, Osgoode Hall (York, Toronto). He is currently a visiting researcher in the Sydney Centre for International Law (SCIL), University of Sydney.

CPD Points: 2

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Law & Business Alumni-Student Discussion Forum: My Path to Crime   View Summary
10 April 2018

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My Path to Crime

Speaker: Sarah McNaughton SC, Commonwealth Director of Public Prosecutions


Sarah McNaughton SC graduated from Sydney Law School in 1987. In the lecture she will talk about her career and reflect on how her interests and experience prepared her for her current role as Commonwealth DPP.


About the speaker
Ms McNaughton has 29 years' experience as a lawyer and a Bachelor of Arts (Hons), Bachelor of Laws (Hons) and Master of Laws from the University of Sydney. After working as a research assistant for Professor Alice Tay in the Department of Jurisprudence and then as Associate to the Honourable Michael Kirby AC CMG when he was President of the NSW Court of Appeal, she was admitted as a solicitor in 1989 and started at Freehill Hollingdale & Page. She then moved to the Commonwealth DPP where she worked as a solicitor and then as in-house counsel, before joining the private bar in 1998. She appeared as both prosecution and defence counsel in a number of complex criminal trials, developing specialist expertise in taxation offences, corporate crime, drug importation and terrorism, and was appointed Senior Counsel in 2011. As Senior Counsel, Ms McNaughton was briefed to appear for the State of New South Wales in the Royal Commission into Institutional Responses to Child Sexual Abuse and as Counsel Assisting the Royal Commission into Trade Union Governance and Corruption, as well as in inquests and regulatory matters, along with her criminal work. She has been the Commonwealth Director of Public Prosecutions since 2016.


The Law & Business Alumni-Student Discussion Forum is presented by Sydney Law School in partnership with The Sydney University Law Society (SULS).

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Percy Valentine Storkey - the Sydney law student who won a Victoria Cross   View Summary
11 April 2018

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Commemorative Address

This year marks the 100th anniversary of the award of the Victoria Cross to University of Sydney Law School student Percy Valentine Storkey (V.C., LL.B). Upon graduation after World War 1 he became a member of the New South Wales Bar and Bench. He received Australia's highest military award for action he took on the battlefield in France on 7 April 1918. He was one of only two Australian lawyers to receive Victoria crosses in World War 1.

In recognition of this historic occasion, Sydney Law School will host a special centenary commemorative address given by Rear Admiral the Hon. Justice M.J. Slattery RANR in his honour on Wednesday 11 April 2018.

Click here for a copy of the flyer


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About His Honour Judge Storkey VC

Percy Valentine Storkey was born on 9 September 1893 in Napier, New Zealand, but moved to Sydney, Australia in 1911. In 1912 he joined the administrative staff of the University of Sydney and next year enrolled as a law student at Sydney Law School. His legal studies were disrupted by the First World War. He enlisted in the Australian Imperial Force in May 1915 and was sent with the 19th Battalion to the Western Front where he was wounded twice, including at Passchendaele. Lieutenant Storkey was awarded his Victoria Cross for his actions on 7 April 1918 at Hangard Wood, near Villers-Bretonneux.

When he returned to Australia, Storkey resumed his legal studies and qualified as a lawyer in 1921. After working in private practice, he became a crown prosecutor for the New South Wales Department of Justice for several years. Shortly before the Second World War, he was appointed a district court judge. In 1955 he retired, and moved to England with his English-born wife, whom he had married in 1922. He died on 3 October 1969.


About Rear Admiral the Hon. Justice M.J. Slattery RANR

Rear Admiral Slattery was appointed Judge Advocate General of the Australian Defence Force in July 2014. As Judge Advocate General - ADF he exercises defined functions under the Defence Force Discipline Act 1982 in relation to the operation of ADF discipline, upon which he reports annually to each House of Parliament.

Justice Slattery graduated from the University of Sydney in Arts in 1975 and in Law in 1977. He was admitted as a barrister in 1978, made a Queen's Counsel in 1992 and appointed a Justice of the Supreme Court of New South Wales in 2009.

Foreign Investment in Brunei in the Context of China's Belt and Road Initiative   View Summary
13 April 2018

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Speaker: Associate Professor Bruno Jetin, Institute of Asian Studies, University of Brunei Darussalam

Brunei Darussalam is a small open economy gifted with important oil resources which make it the second richest Southeast Asian economy after Singapore. Like all resource-rich countries, its main challenge is to diversify its activities to prepare for a post-oil sustainable economy. Attracting foreign direct investment in new sectors will be an important element of success in this endeavour. The legal framework governing investment will therefore be critical to foreign investors. It may soon be tested by a recent wave of international investments from China. The presentation will draw partly on Brunei chapter co-authored with Julien Chaisse in Chaisse/Nottage (eds) International Investment Treaties and Arbitration in Asia (Brill, January 2018).

After the visit of Brunei's Sultan Haji Hassanal Bolkiah to China in September 2017, several new mega-investments projects have been signed between the two countries. This really jump starts the Brunei-Guanxi Economic Corridor (BGEC) that has been formally established in 2014. This corridor twins ports and industrial parks both in Brunei and Guangxi and follows the same model as the corridors between Malaysia and Guangxi. Foreign trade and investment are de facto intertwined. The BGEC is placed by China under the Belt and Road umbrella for which Brunei has voiced support. This presentation will show to what extent the BGEC contributes to diversify Brunei's economy away from oil and is representative of the implementation of the Maritime Silk Road in Asia. It also touches to Japan's reaction which tries to maintain its interests in Southeast Asia with new initiatives, such as the "Free and Open Indo Pacific Strategy' to avoid an excessive domination of trade routes by China, its "Partnership for Quality Infrastructure" to promote Japanese transport technology and its "Eco-friendly society policy" which focus on renewable energy. Countries like Brunei may benefit from the rivalry between the two large Asian powers by attracting new Japanese investments on top of Chinese ones. Finally, we raise the question of how the coupling of investment and trade observed in the Brunei case will impact the trade and investment agreements at the bilateral and regional levels.

 

About the Speaker

Bruno Jetin is Associate Professor at the Institute of Asian Studies, University of Brunei Darussalam (UBD).

Prior to joining UBD, he was researcher at the Institute for Research on Contemporary Southeast Asia (IRASEC, CNRS-MAEE, Bangkok) and Associate Professor at the University of Paris 13 Sorbonne Paris Cité where he was Deputy Director of the Research Center in Economics. He holds a PhD in economics from the University of Paris 13 Sorbonne Paris Cité. His current work focuses on income distribution and growth in Asia, middle classes, the ASEAN Economic Community and the One Belt One Road initiative. He is also an expert of the automobile industry. He has published many articles and chapter books for instance: B. Jetin and M. Mikic (editors), "ASEAN Economic community: a model for Asia-wide Integration?" (PalgraveMcMillan, 2016,); B. Jetin (editor, 2015) « Global Automobile Demand. Vol.1: major trends in mature economies". Vol. 2: Major trends in emerging economies", Palgrave McMillan; B. Jetin (2017). "One Belt-One Road Initiative and ASEAN Connectivity: Synergy Issues and Potentialities". In B.R. Deepak (editor): "China's Global Rebalancing and the New Silk Road". Springer, Singapore. B. Jetin and O. Ekin Kurt (2016). "Functional income distribution and growth in Thailand: a post Keynesian econometric analysis". Journal of Post Keynesian Economics, vol. 39, no. 3, p 334-360. B. Jetin, "Distribution of income, labour productivity and competitiveness: Is the Thai labour regime sustainable?" Cambridge Journal of Economics, 2012, vol. 36, 4.

 

CPD Points: 1

This seminar is sponsored by the Centre for Asian and Pacific Law (CAPLUS) and the Sydney Southeast Asia Centre (SSEAC) at The University of Sydney.

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Litigation Funding, Class Actions & International Dispute Resolution Conference   View Summary
13 April 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 ALRC and VLRC are overseeing consultation processes and inquiries into class action proceedings and third party litigation funding. Should litigation funding be regulated? What are the implications of the increased prevalence of funded class action proceedings in Courts? The developing globalisation of markets is creating opportunities and challenges which confront regulators, judges, litigators, funders and others systemically involved in dispute resolution. Our eminent speakers, both international (USA & Europe) and local, will discuss these implications in the context of class actions and access to justice, the need for the regulation of litigation funding and the latest trends in international dispute resolution.


Opening address

The Honourable Michael McHugh AC QC


Keynote speaker

Professor Deborah R. Hensler, Judge John W. Ford Professor of Dispute Resolution, Stanford Law School


Chair

Mary Walker, Barrister, 9 Wentworth Chambers


Commentary

Professor Peter Cashman, Kim Santow Chair in Law and Social Justice, The University of Sydney


Panellists

  • The Hon Justice Sarah Derrington, Chair of the Australian Law Reform Commission
  • The Hon Justice Michael Lee, Federal Court of Australia
  • Jane Diplock AO, Chairman Abu Dhabi Global Market Regulatory Committee, Formerly Chairman of IOSCO
  • David Williams SC, 9 Wentworth Chambers
  • John Walker, CEO, Investor Claim Partner
  • Jason Betts, Partner, Herbert Smith Freehills
  • Professor Ianika Tzankova, Private Law, Tilburg University, The Netherlands
  • Andrew Ross, Forensic Partner, KordaMentha
  • Dr Wolfgang Babeck, Dibbs Barker
  • Damian Sturzaker, Marque Lawyers

View the draft program


Time

1-5.30pm

Registration from 12.30pm

Cocktail reception to follow conference at 5.30pm

 

Registration (including GST)

Full fee: $250

 

CPD Points: 3.5

 

This conference is sponsored by The University of Sydney Law School, Law Council of Australia (International Law Section), and 9 Wentworth Chambers.

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Law & Business Downtown Seminar: Are Directors Liable for Seriously Flawed Corporate Cultures?   View Summary
16 April 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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Are Directors Liable for Seriously Flawed Corporate Cultures?


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

Corporate culture is a hot topic at the moment, and has been discussed in the context of numerous recent scandals, including:- the VW emissions scandal; the Wells Fargo banking scandal; sexual harassment claims at the Weinstein Company and Fox News; and the Commonwealth Bank of Australia's money-laundering scandal.

This seminar will discuss the role of the board of directors in relation to defective corporate culture. The Chair of the US Federal Reserve, Jerome H. Powell, recently stated "we simply expect much more of boards of directors than ever before. There is no reason to expect that to change". The seminar will examine whether these high expectations are matched by legal accountability. It will consider the extent to which directors of public companies in the US, UK and Australia face the risk of personal liability for breach of their duty of oversight when defective organisational culture results in harm to the corporation or its stakeholders.


About the speaker
Jennifer Hill is Professor of Corporate Law at the University of Sydney Law School, where she convenes the Law & Business program. She researches and writes widely in the field of comparative corporate law and governance. Jennifer is a Research Member of the European Corporate Governance Institute (ECGI), where she sits on the Research Committee and chairs the Engagement Committee. She is a member of ASIC's External Advisory Panel, a Fellow of the Australian Academy of Law (AAL), and was recently appointed a Research Fellow of the British Academy's Future of the Corporation Programme. Jennifer has held visiting teaching and research positions at numerous international institutions, including Cambridge University; Cornell University; Duke University; NYU Law School; University of Virginia, University of Texas, and Vanderbilt University. Her recent research focuses on directors' duties, institutional investor activism and stewardship codes. She has been awarded a Visiting Fellowship at Clare Hall, University of Cambridge from July to December 2018 to undertake research on corporate culture and directors' duties.


Commentator: John Colvin, Consultant at Herbert Smith Freehills, Adjunct Professor at Sydney University Business School, Director of Colvin Wines Pty Ltd, Principal of BoardWalk consultancy

Chair: Ms Madeline Taylor, 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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The Role of Sovereignty in Indigenous Child Welfare   View Summary
18 April 2018

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Speaker: Professor Marcia Zug, University of South Carolina

This research seminar will examine whether a national law, similar to the Indian Child Welfare Act (ICWA), could be enacted in Australia. The ICWA was passed in response to the long history of government removals of Indian children from their families and tribes. Australia's Indigenous people have experienced many of the same problems the ICWA was designed to address and Indigenous advocates have long argued for the passage of an "Australian ICWA." However, Australia's Indigenous people lack the recognised sovereignty enjoyed by American Indian tribes and it is unclear whether the protections of ICWA can work in its absence. In this research seminar, Professor Zug will argue that a non-sovereignty based ICWA loses many of its strongest protections, but it remains beneficial. Although the ICWA is widely considered a success, it is not a perfect piece of legislation. Respect for tribal sovereignty is one of the Act's greatest strengths, but it has also created some of its biggest obstacles, some of which a non-sovereignty based approach could potentially avoid.

About the speaker

Professor Zug is a Professor at the University of South Carolina School of Law. She is a graduate of Dartmouth College and Yale Law School and a former Editor of the Yale Law Journal. Professor Zug's work focuses on the intersection of family law and Indian law. She is a 2017 recipient of the Fulbright Award and is currently a research fellow at the University of Canberra.

CPD Points: 1

This seminar is sponsored by Ross Parsons Centre and the Wingara Mura Committee at The University of Sydney.

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International Commercial Dispute Resolution for the 21st Century   View Summary
19 April 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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International Commercial Dispute Resolution for the 21st Century: Australian Perspectives

This symposium, held on the Thursday immediately after the ICCA Congress in Sydney, adds some Australian perspectives on recent developments in cross-border business dispute resolution, searching for a shared prognosis or recommendations on vexed issues such as treaty-based investor-state arbitration or alternatives such as new international courts.

The symposium locates these perspectives in contemporary global and regional context, especially Asia-Pacific and European developments, mindful of both synergies and tensions among investor-state arbitration, inter-state dispute settlement, international commercial arbitration and cross-border commercial litigation.

Presenters are deliberately diverse with respect to main areas of expertise, national or ethnic background, affiliation, age and gender. Several will also draw on participation in an earlier symposium co-organised with the University of Western Australia, and presentations from both events will be considered for publication.

This symposium, sponsored by the Sydney Centre for International Law, includes a book launch by The Hon Robert French AC, former Chief Justice of Australia, of Chaisse & Nottage (eds) International Investment Treaties and Arbitration Across Asia (Brill, January 2018).

 

Presenters include:

 

Commentators include:

 

View the draft program

 

Registration: (inc. GST)

Full fee: $150

Alumni/ Government organisation: $90

Full-time student/ Academic/ NGO: $60

 

Sponsor:

Sydney Centre for International Law (SCIL) at The University of Sydney Law School

Media partner:

Transnational Dispute Management

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The Trump Muslim Ban: Litigating International Human Rights Before U.S. Courts   View Summary
24 April 2018

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The Trump Muslim Ban: Litigating International Human Rights Before U.S. Courts

Speaker: Professor Aaron Fellmeth, Arizona State University

Immediately after assuming office, Donald Trump, the 45th U.S. President, moved to fulfill his campaign pledge to implement "a total and complete shutdown of" Muslims entering the United States. In a hastily written executive order, Trump issued blanket suspensions on immigration from 7 Muslim countries, including refugees, valid visa holders, and lawful permanent residents. A series of legal challenges ensued, resulting in restraining orders against the bans and prompting Trump to revise the bans twice. The U.S. Supreme Court has partially upheld the bans pending full consideration of the case, which is now before it anew. What is remarkable about the judicial decisions staying the government measures is that not a single court has relied on U.S. obligations under international human rights law, or even mentioned human rights, despite the fact that the measures plainly violate several fundamental human rights, despite the issue being repeatedly raised by amici curiae. In his lecture, Prof. Fellmeth will explain the Trump Muslim Ban, the litigation surrounding it, and how these fit into the larger problem of U.S. legislative, executive, and judicial marginalization of international human rights law.


About the speaker
Aaron Fellmeth is a professor of law and a Willard H. Pedrick Distinguished Research Scholar in the Sandra Day O'Connor College of Law. He is also a faculty fellow with the Center for Law, Science and Innovation, and the Center for Law and Global Affairs at Arizona State University.

Professor Fellmeth is a leading expert in public international law and international business transactions. He has published extensively on international legal theory, the history of international law, the international law of armed conflict, international trade law, human rights, and intellectual property law. He teaches Public International Law, International Business Transactions, International Law of Armed Conflict, International Human Rights Law, and Intellectual Property Law.

Professor Fellmeth's work has been cited several times by federal courts and in testimony before Congress. He has served as an Executive Advisory Committee member of International Legal Materials and is currently on the Board of Directors of the International Law Association (American Branch) and the chair of its International Human Rights Committee.

Before coming to ASU, Professor Fellmeth clerked for the Office of the General Counsel of the U.S. International Trade Commission and at the United Nations Office of Legal Affairs. He then spent seven years at international law firms practicing international business transactions, public international law, and intellectual property law.


CPD Points: 1

 

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May
Criminology Seminar Series: Challenges of Effecting Change in Policing Through Research   View Summary
3 May 2018

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Challenges of Effecting Change in Policing Through Research: Evidence from Programmes of Research Co-production and Participatory Action Research in the UK


Speaker: Professor Adam Crawford, University of Leeds

This presentation will assess and explore some of the challenges in fostering organisational change in policing through research knowledge and evidence. In so doing it will engage with debates about Evidence-Based Policing, its claims and implications. To illustrate the arguments, it will draw on two programmes of research and knowledge exchange in the UK. The first is the N8 Policing Research Partnership, a long-term collaboration of the eight research intensive universities in the North of England and 11 police forces and Police and Crime Commissioners as well as other policing partners that Professor Crawford has been leading. The second is a recently completed participatory action research project for the Police Knowledge Fund (College of Policing) that explored and developed the use of restorative justice in policing.

The presentation will examine and analyse the attributes and challenges of knowledge co-production in the context of policing. In so doing, it argues for a transformation in both the way academic researchers engage with policing partners and the place and value of knowledge, data and evidence within policing.


About the speaker

Adam Crawford is Professor of Criminology and Criminal Justice in the Centre for Criminal Justice Studies at the University of Leeds where he is the Director of the Leeds Social Sciences Institute. For nearly 30 years, his research has focused on policing, urban security, community safety partnerships, the regulation of public space, restorative justice and victims of crime. He is Director of the N8 Policing Research Partnership; a collaboration between universities and policing partners in the north of England. The N8 PRP is seeking to transform the ways in which research knowledge is produced and evidence is utilised and mobilised by policing practitioners. Together with Professor Joanna Shapland (University of Sheffield), he has just completed a project exploring the use of restorative justice in policing in three English forces (funded by the College of Policing's Police Knowledge Fund). He is also working with colleagues on a recently completed AHRC project entitled: 'The future prospects of urban parks' and was the principal investigator on an ESRC research seminar series exploring the subject of 'Markets in Policing' (2015-17).


The event will be chaired by Dr Garner Clancey of the Sydney Institute of Criminology.


The Sydney Institute of Criminology presents the first lecture in our 2018 seminar series. Join us as Professor Adam Crawford reflects on the social impacts of research on policing.


CPD Points: 1.5

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Alumni-Student Discussion Forum: An Unusual Business Law Path: From Practice to Professor   View Summary
10 May 2018

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An Unusual Business Law Path: From Practice to Professor

Speaker: Associate Professor Hilary Allen, Suffolk University Law School (Boston)

Sydney University Alumna Hilary Allen will discuss her career path since graduating from Sydney University Law School in 2002, which has taken her from Sydney to the UK and the United States, and from corporate practice in international law firms to academia. In this discussion, she will reflect upon how her career in practice and her experience working in different jurisdictions has shaped her as a teacher and a scholar.

About the speaker
Associate Professor Hilary J. Allen will join the faculty of American University Washington College of Law in August 2018. She is currently an associate professor at Suffolk University Law School in Boston, where she teaches financial regulation and business law courses. Professor Allen's research concentrates on domestic and international financial stability regulation, exploring the financial products, institutions and regulators that can impact financial stability. Recently, she has focused on the rise of fintech, and its potential impact on financial stability.

Professor Allen received her Bachelors of Arts and Laws from the University of Sydney, and her Master of Laws in Securities and Financial Regulation Law from Georgetown University Law Center (for which she received the Thomas Bradbury Chetwood, S.J. Plaque for graduating first in her class). Prior to becoming a professor, Professor Allen spent seven years working in the financial services groups of prominent global firms Blake Dawson Waldron (Sydney), Clifford Chance (London) and Shearman & Sterling (New York). In 2010, she worked with the Financial Crisis Inquiry Commission in Washington DC, which was appointed by Congress to study the causes of the financial crisis of 2007-2008.


The Law & Business Alumni-Student Discussion Forum is presented by Sydney Law School in partnership with The Sydney University Law Society (SULS).

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JSI Seminar Series: Philosophical Foundations for Complementary Protection   View Summary
24 May 2018

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Philosophical Foundations for Complementary Protection


Speaker: Dr Matt Lister, Deakin Law School

A significant percentage of people lacking sufficient protection by their country of citizenship or residence do not fall under the current international refugee convention definition of a refugee, and yet need protection from the international community or other states if they are to be able to live decent lives. In this paper, Dr Matt Lister will set out the philosophical foundations for so-called "complementary protection" for non-refugees in need of aid, and will explain how and why it differs from what is owed to convention refugees. In particular, he will explain why states have a moral duty to provide protection to many non-refugees in need of aid, and why it is acceptable, in the first instance, for the type and degree of aid provided to non-refugees to be different from - often less generous than - the aid provided to convention refugees. He will also show how this right to provide different levels of treatment is itself limited, in the sense that, after some passage of time, those provided complementary protection may come to have a claim on a "durable solution" - access to full integration in a safe society - that is as strong as that held by convention refugees.


About the speaker

Dr Matt Lister is a Senior Lecturer at Deakin Law School, where he teaches immigration law and workplace law, among other topics. He earned his JD and PhD in philosophy from the University of Pennsylvania, and served as a law clerk to judges on the US Court of International Trade and the 3rd Circuit Court of Appeals. He has published papers on several topics in immigration and refugee law, international law, and legal and political philosophy more generally.

CPD Points: 2

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June
2018 Kevin McCann Energy and Resources Lecture   View Summary
7 June 2018

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Oil and Gas Development in New Frontiers: Implications for the Antarctic


Speaker: Professor Tina Hunter, University of Aberdeen

With the withdrawal of Shell from the US Arctic in 2015, there was a perception that Arctic exploration had ceased. However, nothing could be farther from the truth. With the development of the Northern Sea Route and the notion of the Ice Silk Road as part of China's One Belt One Road initiative, and China's increased need for energy, oil and gas in the Euro-Barents Arctic is being developed at a fast pace. In this pristine environment, oil and gas activities create new opportunities and present new risks.

This lecture will consider these risks, addressing the legal and policy issues associated with the development of oil and gas in an incredibly challenging environment. It will also consider the implications of present Arctic oil and gas development for the Antarctic. Although there is presently a ban on the extraction of resources in the Antarctic under the 1991 Madrid Protocol, this is limited to 2041. Given China's increased interest in the Antarctic over the last decade, this lecture will also examine the possibilities for oil and gas development in the Antarctic post-2041.


About the speaker

Professor Tina Hunter is the Director of the Aberdeen University Centre for Energy Law (AUCEL) and the Professor in Petroleum Law at the University of Aberdeen. She teaches and researches in the area of petroleum law (offshore), Arctic resources law and shale gas law. She has received academic qualifications in marine sediments and geology, political science, applied science, and law, completing her PhD at the University of Bergen, Norway. She presently a Honorary Professor at the University of Eastern Finland and Murdoch University.

She has undertaken teaching and research in numerous countries including the UK, Australia, Norway, Canada, Iceland, Greece, Finland, Russia, the USA and the Philippines. Her expertise in regulating of petroleum activities has been sought worldwide, undertaking activities such as analysing petroleum laws, drafting legislation and advising governments, industry groups and NGO's worldwide.

Professor Hunter is presently the Leader of the UK-Russian Consortium of Researchers and Experts in North and Arctic Marine Ecosystems Oil Contamination, a multi-disciplinary research team of researchers from universities in Tomsk, Arkhangelsk and Murmansk, investigating seabed sediment contamination arising from oil spills and its implication for legal reform. She has published four books and over one hundred articles, book chapters and conference papers. Currently Professor Hunter is writing a book on shale gas and agriculture co-existence with Dr Madeline Taylor, and a book on Russian petroleum, the first of its kind in english.


CPD Points: 1

 

The Kevin McCann Energy and Resources Lecture is a platform for distinguished public figures to address major contemporary debates or deliver major policy speeches in the energy and resources sector.

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Lunch time talk: Confidence in Privacy   View Summary
8 June 2018

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Confidence in Privacy: How Breach of Confidence Principles Help Determine What is Private in English Privacy Case Law


Speaker: Dr Nicole Moreham, Victoria University of Wellington

In this talk, Dr Nicole Moreham will set out the argument (forthcoming, LQR, Oct 2018) that two previously unarticulated principles underpin all of the factors which English courts take into account when determining whether something is private for the purposes of the misuse of private information tort. The second of these principles - which asks what signals the claimant gave that he or she regarded the information or activity as private - highlights the continued influence of breach of confidence principles on the common law protection of privacy. Dr Moreham will discuss the potential significance of these conclusions for the protection of privacy in England and Wales, Australia and beyond.


About the speaker

Dr Moreham specialises in the law of privacy. She is the principal editor and contributor to leading English privacy work, The Law of Privacy and the Media (3ed, Oxford University Press, 2016) and has published numerous articles on the protection of privacy in England and Wales, New Zealand, and Europe (including in the Law Quarterly Review, Cambridge Law Journal and Modern Law Review).

In 2011, Dr Moreham was awarded a Rutherford Discovery Fellowship by the Royal Society of New Zealand. She is currently working on a monograph entitled The Principles of Privacy to be published with Hart Publishing in 2019, a collection of essays called Remedies for Breach of Privacy (co-edited with Ass Prof Jason Varuhas of Melbourne University) to be published with Hart in 2018, and Intrusion, Grief and the Media: Lessons From The Pike River Mining Disaster (co-written with Ass Prof Yvette Tinsley, Victoria University of Wellington) to be published by Edward Elgar in 2019.

Before joining the Law Faculty at Victoria of Wellington in 2006, Dr Moreham was a permanent Fellow and Lecturer in Law at Gonville and Caius College, University of Cambridge. She also completed her Masters and PhD at Caius under the supervision of the late Tony Weir (the former funded by a Commonwealth Scholarship and the latter by a Tapp Studentship and Ethel Benjamin Award). Before leaving for Cambridge in 1998, she completed an Honours degree at the University of Canterbury and worked as a judge's clerk at the New Zealand Court of Appeal.


CPD Points: 1

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

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Necessary Evil: How to Fix Finance by Saving Human Rights   View Summary
13 June 2018

 

About the event
Australian Lawyers for Human Rights and the University of Sydney Law School proudly invite you to the Australian launch of Necessary Evil: How to Fix Finance by Saving Human Rights. Please join us for an evening in conversation with Professor David Kinley and Special Guest Nicole Abadee hosted by Maurice Blackburn Lawyers.

Author David Kinley, Chair in Human Rights Law at the University of Sydney, will talk about his new book with Nicole Abadee, former barrister, lecturer in international law, Penguin Random House editor, and now books writer for the Australian Financial Review Magazine.

With the appalling behaviour of banking and finance corporations well and truly in the spotlight at present, this event explores how finance reached such a low point of careless disregard for customers, clients and the law, human rights and what it can do to repair the situation. Surprisingly, it seems, human rights can be an important part of the solution.

 

About the book
Described in reviews as “profound”, “powerful” and “provocative,” Necessary Evil published by Oxford University Press will be released in Australia on 24 May 2018.

Further information on Necessary Evil is available here, and an excerpt from the book here. Copies will be available for purchase at the event.

Registration
$25 General Admission
$20 ALHR Professional Members
$10 ALHR Community & Student Members

Register here

CPD points = 1

This event is proudly sponsored by Australian Lawyers for Human Rights, University of Sydney Law School and Maurice Blackburn Lawyers.

JSI Seminar Series: Fake News and Echo Chambers   View Summary
14 June 2018

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Fake News and Echo Chambers


Speaker: Assistant Professor Daniel Wodak, Virginia Tech

Most politically aligned citizens are in echo chambers. If we are in echo chambers, should we escape them? And if so, why? Daniel Wodak develops and defends a surprisingly simple case for escaping echo chambers: we should diversify the partisan media we consume in order to reduce the risk of 'epistemic poverty', analogously to why one should diversify one's financial investments to reduce the risk of economic poverty.


About the speaker

Daniel Wodak completed his BA and LLB at the University of Sydney, and his PhD in Philosophy at Princeton University. He is currently an Assistant Professor in the Philosophy Department at Virginia Tech, where he works on ethics and legal philosophy, broadly construed.

CPD Points: 2

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JSI Seminar Series: The One-System View and Dworkin's Anti-Archimedean Eliminativism   View Summary
21 June 2018

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The One-System View and Dworkin's Anti-Archimedean Eliminativism


Speaker: Hillary Nye, London School of Economics

In Justice for Hedgehogs, Dworkin put forward a view about law that he referred to as the 'one-system view'. On that view, law is a branch of morality, and so all legal questions are really moral questions. Many of his interlocutors saw this as a radical shift. Hillary Nye argues here that it is better seen as a different way of expressing his longstanding view that legal theory is an inherently normative endeavor. Even Law's Empire can be read as saying that legal questions are all moral questions. They are all questions about the justification of coercive force. When Dworkin gives an account of what the law 'is', he is doing a thoroughly normative project of figuring out what actual moral rights flow from our past decisions. Dr Nye traces this way of thinking about law through Dworkin's career, to show that the one-system view is not new, but rather a distillation of what he always believed. But even if this is what Dworkin meant all along, is it a plausible position?

My second aim is to unpack and reconstruct the argument for the one-system view, in order to provide a defensible reading of it. The argument Dr Nye makes draws on earlier arguments in Justice for Hedgehogs. Throughout Part One of that book, Dworkin is concerned to emphasize a Humean point: the separation of fact and value. Fact and value are separate domains, and one cannot ground claims of one sort in the other domain. On this view, the questions of legal philosophy can only be normative or descriptive questions. We can answer questions from within either domain. But what we cannot do is ask which domain law 'properly' belongs in. Many legal philosophers appear to be asking questions about whether law is really a moral phenomenon or not: questions about its ultimate nature, about whether it would be right to place it in the domain of fact or value. Those questions ask us to step outside of a domain and make claims about a phenomenon from some supposed archimedean point. Dworkin has argued against archimedeanism throughout his career. In light of this, Dr Nye believes Dworkin cannot be understood as making claims of this sort about the nature of law.

The one-system view, then, is not best understood as a claim that law 'really' belongs in the moral domain, but rather an invitation to join Dworkin in asking fruitful moral questions that can be answered from a normative perspective. In short, for Dworkin, the important and answerable questions begin and end in the domain of morality. Finally, Dr Nye argues that this one-system approach to legal philosophy, which places law within the moral domain, can be understood as a version of 'eliminativism,' a growing trend in legal philosophy that says that there is no distinctive domain of the legal, or no answerable question about the nature of law. Dr Nye briefly clarifies what eliminativism means, and why it represents a productive way of approaching the questions of legal philosophy.


About the speaker

Hillary Nye is currently an LSE Fellow at the London School of Economics and Political Science. In the 2018-19 academic year she will take up a position as an Assistant Professor in the Law Department of the University of Alberta. She received her doctorate from New York University School of Law in 2016 and works on questions in general jurisprudence, the methodology of legal philosophy, and the rule of law.


CPD Points: 2

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July
"My friends are on WeChat and my boss as well":Social Media & Employee Privacy in Chinese Workplace   View Summary
10 July 2018

Registration
Click here for free registration

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Speaker: Dr Mimi Zou, inaugural Fangda Career Development Fellow in Chinese Commercial Law at St Hugh's College, in association with the Oxford Law Faculty and the Oxford China Centre

About the event

It is no understatement that social media has become a ubiquitous feature of our lives. In the People's Republic of China, the popularity of social media usage continues to grow, particularly in the workplace setting. The vast quantity and range of data generated and shared on social networks, including personal information, have become a valuable resource for employers to screen job applicants, monitor work performance, and investigate employee wrongdoings. Developments in workplace surveillance technologies have also made it easier for employers to track, monitor, and access employees' online activities. The legitimacy of employers' inquiry into the online lives of job applicants and employees is often justified on the basis of business concerns about reputational risks, leakage of intellectual property and trade secrets, and other legal liabilities that could arise from employees' social media activities.

In this talk, Dr Zou will probe into a number of regulatory challenges arising from employers' acquisition and use of social media in China. She will start with an analysis of the extent to which privacy and personal data protection laws in China, including relatively recent developments in the Cyber Security Law and the General Rules of Civil Law, protect employees' rights in this context. Dr Zou will then examine relevant cases brought before local courts that reveal how employers have accessed and made use of employees' social media communications in various circumstances. From this analysis, she will highlight three important issues that expose extant regulatory gaps in the protection of employee privacy in this context: unlawful discrimination arising from employers' use of employees' and job applicants' social media content; employee speech that may harm an employer's business and reputational interests; and 'off-duty' social media communications of employees. The talk will conclude with some observations about the further risks posed by the rapid development of Artificial Intelligence in workplace surveillance technology in China.

Speaker
Dr Mimi Zou is the inaugural Fangda Career Development Fellow in Chinese Commercial Law at St Hugh's College, in association with the Oxford Law Faculty and the Oxford China Centre. It is the first post in Chinese law at the University of Oxford. Dr Zou has the role of developing the subject as a new field of study and research at Oxford, exploring how best to understand Chinese law and the links between law, economy, politics, and society, both within China and as it affects transnational relations.

Dr Zou obtained her Doctor of Philosophy in Law and Bachelor of Civil Law (Distinction) degrees from St John's College and Christ Church, University of Oxford on a Commonwealth Scholarship and a James Fairfax Oxford Australia Scholarship. She also graduated with first class honours degrees in Law, Economics, and Social Sciences (University Medal) from the University of Sydney. She is currently completing an Executive MBA programme.

CPD points: 1.5


This event is co-presented with the Centre for Asian and Pacific Law at Sydney Law School and the University of Sydney Business School.

JSI Seminar Series: Legal Polycentrism: A Jurisprudential Evaluation   View Summary
10 July 2018

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Legal Polycentrism: A Jurisprudential Evaluation


Speaker: David VanDrunen, Westminster Seminary California

An old question in legal theory is whether law is monocentric (that is, deriving exclusively from state sources) or polycentric (that is, deriving from a variety of state and non-state sources). Contrary to prevalent contemporary assumptions that law is monocentric, this paper presents five interconnected reasons to believe law should be interpreted as polycentric instead. The paper concludes by suggesting ways to identify what the law is when state and non-state sources conflict.


About the speaker

David VanDrunen (JD, Northwestern University School of Law; PhD, Loyola University Chicago) is the Robert B. Strimple Professor of Systematic Theology and Christian Ethics at Westminster Seminary California, where he has taught since 2001. He was a visiting fellow of the Center for the Study of Law and Religion at Emory University in 2009 and was a Henry Luce III Fellow in Theology in 2016-17. He is the author or editor of eleven books, which treat a variety of legal, theological, and ethical issues.


CPD Points: 1.5

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Queer(y)ing Justice in the Global South Conference   View Summary
11 July 2018 to 13 July 2018

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Please note the information, below, about pre-ordering lunch and the conference dinner.

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Recent years have seen social, criminal, and legal justice campaigns for sexuality and gender diverse people gain increasing visibility and popular support in many jurisdictions, while repression and discrimination have increased in others. At the same time, academic LGBT and queer scholarship in fields such as criminology, criminal justice studies, sociology, and socio-legal studies, has grown significantly.

Despite reversals of enfranchisement for sexuality and gender diverse people in some countries, important changes in the interests of social and legal justice have been achieved, and there is a growing space in some legal and criminal justice contexts for the needs of sexuality and gender diverse people to be recognised. However, more can be done to respond to the intersections of inequalities in these contexts. Culturally diverse people, Indigenous people, and people seeking safety, among others, have not always benefited from these gains. A gulf remains between academia and practitioners in these areas, with greater opportunity to pay attention to the voices of those in the Global South in these debates, and to how 'Northern' frameworks guiding research and practice in this area may need to be reconsidered. These issues are central to ongoing campaigns to achieve greater social and criminal justice for sexuality and gender diverse people globally.

To further explore and respond to these issues, and strengthen the international networks of scholars and practitioners working in this area, we invite proposals to speak at an upcoming conference on 'Queer(y)ing Justice in the Global South'. We hope to question how justice can be 'queered' and queried from the perspectives of sexuality and gender diverse people.

The conference is an opportunity to bring together researchers, community members, and organisations working at the intersections of sexuality, gender diversity, and justice, broadly conceived.


View the FINAL PROGRAM (updated 3 July 2018) 


The conference will held at The University of Sydney, Australia, from 11-13 July 2018. It will include keynote presentations by:

Dameyon Bonson, Black Rainbow, Australia

Plenary: Queer(y)ing Indigenous Health; Achieving Indigenous LGBQTI Health and Social Justices (ABSTRACT)

Dameyon Bonson, a Mangarayi and Torres Strait Islander male, is a Northern Territory based advisor and facilitator in the prevention of Indigenous, including Indigenous LGBQTI suicide. Dameyon has spent the past six years working in upstream suicide prevention; three of those years working specifically within remote Aboriginal communities across the entire north west of Western Australia.
Dameyon has self-published the country's only report in suicide prevention relating to Indigenous LGBQTI people and crowdfunded the birthing of Black Rainbow; a social enterprise specifically for Indigenous LGBQTI people in the prevention of suicide. He has also developed the country's only workforce development training that look to strengthen the capabilities of health and community services to work with Indigenous LGBQTI clients.

In 2016, Dameyon was awarded the Dr. Yunupingu Award for Human Rights for his cumulative efforts. Despite handing back that award in 2018, he continues to be recognised as the leading voice in the prevention of Indigenous LGBQTI suicide and the health space. This year Dameyon began his post graduate studies in Suicide Prevention to strengthen his frontline and live experience contribution to the prevention of Indigenous suicide.


Professor Jo Phoenix, Open University, UK

Against Queer Criminology: For A Criminology Of Sex And Sexualities (ABSTRACT)

Jo Phoenix is Professor in Criminology at the Open University, having formerly been at the Universities of Leicester, Durham, Bath and Middlesex. Her research interests relate to the fields of youth crime and punishment; sex, sexualities and regulation, and criminological knowledge production.  She has been a keen observer and remained interested in the politics of sex and sexualities since her days of feminist activitism in Bristol, England in the 1980s.

Her most recent publications are:

- two chapters in an edited collection entitled Alternative Criminologies edited by Carlen, P. and Franca Ayres, L.  (2017: Routledge),

- two chapters on discourses and policies of childhood sexual exploitation in Dewey et al (eds) Routledge Handbook of Sex Work Research (forthcoming 2018: Routledge) and Pearce, J. (ed.) Child Sexual Exploitation: Theory to Practice forthcoming 2018: Bristol Policy Press)

- and a monograph entitled Youth Justice 2.0 (forthcoming 2018: Palgrave).


Dr Jace Valcore, University of Houston Downtown, USA

Beyond Pulse: Queering Frontiers (ABSTRACT)

Jace L. Valcore, PhD, is an Assistant Professor of Criminal Justice at the University of Houston Downtown. His educational background includes degrees in Sociology, Criminal Justice, and Public Affairs. This multidisciplinary training fuels research interests in public policy, criminal law, social justice, and the criminal legal system with a specifically queer lens focused on the experiences, needs, and elevation of the LGBTQ community. He has published work on US state hate crime laws, gender in policing, and co-edited a special issue on LGBTQ families for Journal of Family Strengths. He is currently completing projects on the measurement of gender in criminological research, the experiences of LGBTQ police officers, and media analysis of the 2016 mass shooting at Pulse nightclub in Orlando, FL. He also provides queer competency workshops and seminars for students, educators, professionals, and community members, and serves on the board for New Leaders Council-Houston.

 

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11-13 July 

Wednesday 11 July, 9am - 5.30pm (registration from 8.30am, conference drinks from 5.30pm)

Thursday 12 July, 9.30am - 4.30pm (registration from 9am, optional conference dinner from 6pm)

Friday 13 July, 9.30am - 5pm (registration from 9am)

 

Pre-order your lunch

Taste Café at the Charles Perkins Centre has kindly offered to take lunch orders ahead of the conference. They recommend you pre-order lunches for the days you are attending the conference, so can miss the queues, get the lunch of your choosing, and enjoy the café space for the lunch period.

Pre-order your lunch


Conference dinner

There is a conference dinner being held on day 2 of the conference, Thursday 12 July at 6pm, open for attendees at their own cost.

If you would like to attend, please register your interest with Simran at law.events@sydney.edu.au and you will receive further details.


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This conference is being jointly hosted by The Sydney Institute of Criminology (The University of Sydney), the Crime and Justice Research Centre (Queensland University of Technology), the Tasmanian Institute of Law Enforcement Studies (University of Tasmania), and the School of Social Sciences and Psychology (Western Sydney University). It is also part nine of the Queering Paradigms conference series.

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NAIDOC Week Public Lecture: "Because of her, we can!"   View Summary
12 July 2018

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Sydney Law School, Faculty of Health Sciences, and the Faculty of Arts and Social Sciences at The University of Sydney invites you to the Annual University of Sydney NAIDOC Public Lecture.

Hear from a panel of exceptional Aboriginal women from The University of Sydney, and across NSW, showcasing the different ways in which Indigenous women have played - and continue to play - active and significant roles at the community, local, state and national levels.

Our panel speakers will include Kamilaroi astronomer, Karlie Noon, the social epidemiologist, Dr Vanessa Lee, award winning poet, Evelyn Araluen, and Nakari Thorpe, political reporter on NITV. The lecture will also feature a performance by the legendary blues singer, Aunty Marlene Cummins, and Rachel Durmush will MC the evening's lecture.


NAIDOC Week is a time to celebrate Aboriginal and Torres Strait Islander history, culture and achievements and is an opportunity to recognise the contributions that Indigenous Australians make to our country and society.


Time

6 - 6.30pm Registration and refreshments

6.30 - 8pm Welcome to Country and presentations


The University of Sydney NAIDOC Public Lecture is hosted by Sydney Law School, Faculty of Health Sciences, and the Faculty of Arts and Social Sciences.

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Public Health Law and Health Leadership in the United States: What can Australia learn?   View Summary
19 July 2018

Registration

Click here to register
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About the seminar

In 2016, life expectancy at birth in the United States fell for the second year in a row.  Since his inauguration in 2017, President Trump and his administration have taken a number of actions that arguably weaken America's public health infrastructure.

At the same time, the United States remains one of the world's great innovators. With 52 States and more than 89,000 local and city governments, the United States frequently functions as a social laboratory for social policies, and public health laws and practices. While constrained in some areas by its constitutional design, the United States remains a leader in global health: its influence and innovations in public health law cannot be ignored.

What can Australia learn from recent American experience with public health law and regulation?  What are the good ideas?  What should be avoided?  How can Australian jurisdictions adapt the best American innovations and create an enabling legal and political environment for public health and wellbeing?
This seminar features presentations reviewing public health law and leadership in the United States, with particular reference to: communicable diseases and pandemic preparedness, non-communicable diseases, health care, injuries and global health leadership.

Click here for a copy of the flyer

Chair:Professor Simon Jackman, CEO, United States Studies Centre

Speakers/topics:

Keynote speaker:

  • US public health and global health leadership (or not)
    Professor Lawrence Gostin, Linda and Timothy O'Neill Professor of Global Health Law, Georgetown University Law School, Washington DC, and Faculty Director of the O'Neill Institute for National and Global Health Law. Prof. Gostin is the Director of the WHO Collaborating Center on National and Global Health Law

CPD points = 1.5

This event is co-presented by the University of Sydney Law School and the United States Studies Centre.
What does risk-reasoning do for tort law?   View Summary
24 July 2018
To register, email law.events@sydney.edu.au
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Speaker: Dr Matthew Dyson, Oxford University

What does risk-reasoning do for tort law?

"What role does risk play within the law of tort? This paper draws out the key themes from an international research project, published this year, on how lawyers from different legal systems conceive of risk, generate liability from risk-taking and seek to use legal techniques to control risk. In particular, it demonstrates how risk reasoning has crystalised around certain types of conduct in some countries, but such crystalisation has varied in scope, with wide "dangerous activities" torts, or liability for things, in some countries, but barely any, and barely any strict liability more generally, in others. It traces the normative, and the non-normative functions of risk-reasoning to develop a fuller picture of what tort law does."

About the speaker


Dr Dyson is Associate Professor in Law; Fellow of Corpus Christi College, University of Oxford. He researches and teaches criminal law and tort law, drawing particularly on historical and comparative materials from around the world. He has published widely in criminal law, tort law, comparative law and legal history. He is an associate member of 6KBW College Hill, a leading set of Barristers' Chambers specialising in criminal law and related areas of public and civil law. He is also a Research Fellow of the Utrecht Centre for Accountability and Liability Law and a Vice President of the European Society for Comparative Legal History.

CPD Points: 1

This seminar is proudly sponsored by Parsons Commercial Law at Sydney Law School

Reforming investor-state dispute settlement: Investment courts, other alternatives, and China's role   View Summary
31 July 2018

Registration

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Reforming investor-state dispute settlement (ISDS): Investment courts, other alternatives, and China's role


Speaker: Professor Matteo Vaccaro-Incisa, IESEG School of Management and Carnelutti Law Firm

Flaws -true and perceived- of investment arbitration brought UNCITRAL to entrust, in July 2017, its Working Group III with the evaluation of need -and, in case, extent- of reforming the ISDS system as a whole. In the meantime, the EU and certain influential arbitrators are attempting to steer the ISDS reform debate, with partly overlapping proposals pivoting around the idea of creating a new international court to either complement or substitute altogether the current arbitration system. Moving from the positions officially expressed by States this far (and in particular the potential role of China), this presentation reviews both proposals and explores a third one (based on the institutionalization of the involvement of ICJ judges in the review of investment awards).


About the speaker

Dr. Matteo Vaccaro-Incisa is professeur-chercheur of international law and international dispute settlement at IESEG School of Management, and international arbitration of counsel at Carnelutti Law Firm. As academic, Matteo has authored several contributions on international law and dispute settlement, as well as European relations, politics, and law, presented in numerous institutions (e.g., Chinese University of Hong Kong, Moscow State University, Melbourne Law School, University of Buenos Aires, Bocconi University, University of Belgrade, University of Warsaw). Chief regional areas of research are the EU, China, and Southeast Asia (including a forthcoming book on China's treaty policy and practice in international investment law and arbitration, Brill). Member of ILA, ESIL, SIEL and IBA. Board Member of GLN. As practitioner, further to an extensive experience in negotiating and drafting international contracts (services and construction), and transnational litigation (media & TLC), he participated in several arbitral proceedings, domestic (Italy) and international (ICSID, UNCITRAL), as party counsel or assistant either to the tribunal as a whole or its individual members, specifically on jurisdictional and interpretive issues, and comparative analyses of States' investment treaty practice. Principal regional areas of practice are the EU, the Western Balkans, and Latin America. Since 2015, he is indicated in the list of foreign arbitrators of the Belgrade Arbitration Center.

 

Commentators: Profs Vivienne Bath and Luke Nottage, The University of Sydney Law School


CPD Points: 1

 

This seminar is proudly sponsored by the Centre for Asian and Pacific Law (CAPLUS).

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August
JSI Seminar Series: The Human Right to Citizenship   View Summary
2 August 2018

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The Human Right to Citizenship


Speaker: Associate Professor Patti Tamara Lenard, University of Ottowa

The threat of terror is real, as is the fear that each new attack induces. It is no surprise that, as a result, states are pursuing a whole range of strategies to discourage and punish those who carry out - or intend to carry out - terrorist actions, especially those that result in the murder of innocent people. One such strategy is denationalization, i.e., the removal of citizenship from terrorists who commit grievous crimes, as part of their punishment, and from would-be terrorists, to reduce and deter terrorist acts. Whatever the defence of these views, the implication is the same: the right to citizenship can be undermined by the state, under appropriate circumstances. In this talk, however, Patti Lenard defends the view that the right to citizenship should be understood as a human right, and a particularly robust one at that, i.e., one that is inalienable, unconditional, and unforfeitable. To say that it is inalienable is to say that it is a status that cannot be given up. To say that it is unconditional is to say that the continued possession of citizenship status does not depend on carrying out certain behaviours or refusing to carry out certain others. To say that it is unforfeitable is to say that it is not forfeited by any action other than uncoerced citizenship renunciation. She begins by defining the human right to citizenship, and then she defends it as inalienable, unconditional and unforfeitable, respectively.


About the speaker

Patti Tamara Lenard is Associate Professor of Ethics in the Graduate School of Public and International Affairs, University of Ottawa. She is the author of Trust, Democracy and Multicultural Challenges (Penn State, 2012). Her work has been published in a range of journals, including Political Studies, Ethics and International Affairs, Review of Politics, and Ethics and Global Politics. Her current research focuses on the moral questions raised by migration across borders in an era of terrorism, especially as it pertains to refugees and irregularly present migrants, trust and social cohesion, and democratic theory more generally. Her most recent work, focused on the moral dilemmas posed by denationalization for terror-related crimes, is newly published in the American Political Science Review (2018).


CPD Points: 1.5

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The International Court of Justice and Factually Complex Cases   View Summary
2 August 2018

Registration

To register, email law.events@sydney.edu.au
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The International Court of Justice and Factually Complex Cases: Evaluating the Court's Record and Looking to the Future

Speaker:  Dr James Devaney, University of Glasgow 

Factually complex cases are a feature of modern international dispute settlement and have presented the International Court of Justice with a number of challenges. However, perhaps as a result of the criticism levelled at it in recent years, it seems that the Court's approach to fact-finding is beginning to change. For instance, cross-examination of experts appears to be the new normal, and the Court has even used its own fact-finding powers to appoint a number of experts to assist it in a recent case. That said, with a number of high-profile cases involving complex factual issues currently before the Court, such issues remain as pressing as ever before. In light of this, this presentation assesses the recent developments in the Court's practice, identifies a number of issues in relation to which there is room for improvement, and looks to potentially thorny issues in a number of cases that are currently pending before the Court.

About the speaker
James Devaney is Lecturer in Law at the University of Glasgow, Scotland. He is spending a number of weeks here at the Law School as part of the Early Career Mobility Scheme which operates jointly between the Universities of Sydney and Glasgow. James' area of research is public international law generally, and the law and procedure of international courts and tribunals more specifically. During his time at the School, James will be pursuing his research on recent developments relating to evidence and fact-finding before the International Court of Justice, a topic on which he published a monograph in 2016.


CPD Points: 1

This seminar is proudly sponsored by the Sydney Centre for International Law (SCIL)

 

Sexual Assault and Consent: Narratives, Politics and Law Reform   View Summary
8 August 2018

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Sexual Assault and Consent: Narratives, Politics and Law Reform

In Australia and around the world, sexual assault, sexual harassment, and other forms of sexual abuse are attracting high levels of public and political concern. Survivors of sexual assault are speaking out about their experiences, and reform of the criminal law is being mooted. Speakers at this event will examine social and cultural aspects of speaking out about sexual assault, and canvas some of the options for reform of the law of consent in relation to sexual assault offences.


Speaking Out: Feminism, Rape and Narrative Politics (forthcoming, Springer, 2018) is the first critical study of feminist practices of 'speaking out' in response to rape. This book argues that feminist anti-rape politics are characterised by a belief in the transformative potential of women's personal narratives of sexual violence. The political mobilisation of these narratives has been an incredibly successful strategy, but one with unresolved ethical questions and political limitations. The book explores both the successes and the unresolved questions through feminist archival materials, published narratives of sexual violence, and mass media and internet sources. It argues that that a rethinking of the role and place of women's stories and the politics of speaking out is vital for a rethinking of feminist politics around sexual violence and key to fresh approaches to combating this violence.


Dr Tanya Serisier is a Lecturer in Criminology at Birkbeck College, University of London. She is interested in the changing cultural politics around sexual violence and the regulation of sexuality. Her main areas of research currently are: the production, dissemination and reception of women's personal narratives of sexual violence; the neoliberal production of responsible sexual subjects in law; and a critical investigation of attempts to queer criminology and the study of the criminal justice system.


Submissions to the NSW Law Reform Commission reference on consent in relation to sexual assault offences

These submissions include those made by Institute of Criminology staff.


Speakers

- Mr Andrew Dyer, Deputy Director, Institute of Criminology, University of Sydney

- Dr Tanya Serisier, Birkbeck College, University of London

- Dr Carolyn McKay, Deputy Director, Institute of Criminology, University of Sydney

- Associate Professor Rita Shackel, Co-Director, Institute of Criminology, University of Sydney


Chair: Professor Arlie Loughnan, Co-Director, Institute of Criminology, University of Sydney



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

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Integration, Dis-integration and Citizenship in a Troubled European Union   View Summary
8 August 2018

Registration

To register, email law.events@sydney.edu.au
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Integration, Dis-integration and Citizenship in a Troubled European Union

Speaker: Professor Jo Shaw, Salvesen Chair of European Institutions at the University of Edinburgh

This paper will examine the impact of the European Union upon citizenship, and will use the two cases of Brexit and stalled enlargement in south east Europe in order to study the partial, fragmentary and contested governance of citizenship in the europolity. Citizenship and Europeanisation are the central conceptual motifs, and each is studied from a relational and contextual perspective. The paper seeks to place the provisions of EU law relating to EU citizenship into a wider political and socioeconomic context. The cases of Brexit and enlargement are set alongside each other in order to demonstrate the central importance of EU citizenship, as an enabler of personal freedom, and also to highlight how the denial of EU citizenship can lead to individual strategies of avoidance, as affected persons seek to acquire other citizenships which provide the lost benefits. The article highlights the parallels between EU citizenship and national citizenship, both offering a promise of equality, but a reality of differentiation and inequality.

About the speaker

Jo Shaw holds the Salvesen Chair of European Institutions at the University of Edinburgh, and is supported by a Leverhulme Major Research Fellowship for her research on citizenship from 2018-2020. During 2017-2018 she was a EURIAS Fellow at the Helsinki Collegium of Advanced Studies in Finland, and in 2019 she will be a Fellow at the Aarhus Institute for Advanced Studies, in Denmark. She was recently elected as a Fellow of the Royal Society of Edinburgh, and was the University Association for Contemporary European Studies lifetime achievement award winner in 2017.

CPD Points: 1

ACCEL Environmental Law Year in Review Conference   View Summary
10 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 Australian Centre for Climate and Environmental Law at Sydney Law School invites you to its 'Year in Review Conference' on 10 August 2018, 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 2017-2018, which will also have implications going forward.

Leading practitioners and academics will analyse and provide insights into major developments in 2017-2018 which are of particular interest to practitioners, policymakers and academics.


Topics include:

- legislative reforms to the New South Wales planning and biodiversity regimes

- developments in relation to the National Energy Guarantee and new forms of generation

- water management developments within the Murray-Darling Basin

- developments under the Paris Agreement, including negotiations regarding the Rulebook

- developments in relation to the Great Barrier Reef and initiatives to address Marine Plastic Pollution, and

- major cases, including challenges to the Carmichael and Rocky Hill mining projects.

 

View the DRAFT PROGRAM (PDF) (updated 16 July 2018)

 

Registration fees (inc. GST)

Full day: $175

Sydney Law School student and alumni - full day: $80

Morning session: $100

Afternoon session: $100

 

Gain 6 CPD Points for full day attendance of the conference.

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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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VIEW THE SPEAKER'S PAPER (pdf)

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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 screening: 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
Science Road, The University of Sydney

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Complimentary, however essential.

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This event is presented by the Sydney Democracy Network and the Sydney Centre for International Law (SCIL)

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

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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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Lunch Seminar: Anti-Stereotyping Theory and Contract Law   View Summary
25 September 2018

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Anti-Stereotyping Theory and Contract Law


Speaker: Orit Gan, Sapir College, School of Law

Does contract law uphold modern standards of gender equality? Does contract law treat women and men equally? Is contract law applied equally to men and women? Does the application of contract law result in equal outcomes for men and women? Though women long ago gained the right to contract, these questions are still relevant today, in that they focus on the substance of contract law doctrines, their interpretation and their application. There are many different theories that measure equality in an effort to answer these questions; In my talk I examine contract law using anti-stereotyping theory. Using examples from both US cases and Israeli cases I reveal the gender dimensions, applications and biases of contract law.

The argument that contract law is not neutral and objective but rather gendered and biased is not new. However, analyzing contract law using anti-stereotyping theory, provides a framework for exploring the gender aspects of contract law. It demonstrates the ways in which contract law perpetuates gender stereotypes. It also offers guidelines for contract law to begin to rid itself of antiquated stereotypes and thereby to become more inclusive and egalitarian. It shows how contract law itself can be used to battle stereotypical thinking and gender bias. Contract law has the potential to be inclusive, non-binary, and contextual.


CPD Points: 1

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Female Genital Mutilation and Cutting   View Summary
27 September 2018

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Female Genital Mutilation and Cutting - International Human Rights Standards and Criminal Law Responses in Germany and Australia


Speaker: Prof. Dr. Martin Boese, University of Bonn

The seminar discusses the criminal law responses to female genital mutilation or cutting (FGM/C) in Germany and Australia. FGM/C constitutes a serious violation of the human rights of girls and women. To combat this phenomenon, on the international level the UN General Assembly adopted Resolution 67/146 in 2012 calling upon Member States to enact and enforce legislation to prohibit FGM and to end impunity. This development is in line with the UN Convention on the Rights of the Child obligating state parties to abolish traditional practices prejudicial to the health of children. Furthermore, in 2011, the Council of Europe adopted the Convention on Combating and Preventing Violence Against Women and Domestic Violence whose article 38 expressly provides for an obligation to criminalise FGM/C.

This seminar focuses on the national implementation of said obligations in Germany and Australia respectively and what legal and practical challenges the two states face in this context. While part of the underlying problem relates to the classification and definition of FGM/C in national criminal law, also the application and enforcement of these provisions have proven difficult in practice. In Germany, for example, the dark figure of FGM/C victims is estimated at about 50.000. Yet, so far there have been no criminal prosecutions involving the newly adopted criminal offence. To overcome enforcement problems, additional measures, such as, for example, more holistic mandatory reporting obligations may be required.

The findings presented in this seminar form part of a wider cross-institutional research project on 'The Protection of Girls and Women in German and Australian Criminal Law' between researchers from the law school of Bonn University, Germany and the School of Law and Justice at the University of Southern Queensland, Australia. The project is funded under the 2017 DAAD-Universities Australia Joint Research Co-operation Scheme.


About the speaker

Prof. Dr. Martin Boese joined the law school of the Rheinische Friedrich-Wilhelms University Bonn in 2004, where he holds the Chair for Criminal Law and Procedure, International and European Criminal Law. Martin has published more than 80 articles in high-impact German and international journals on matters concerning German and European criminal law and procedure. He has coordinated and participated in international research projects related to the area of comparative criminal law and has acted as an expert in hearings before the legal committee of the German Parliament in the field of European criminal law and the implementation of EU legislation into German national law.


CPD Points: 1

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October
Lunch seminar: Dispute Resolution Mechanisms and Organisations: 'One Belt, One Road' Initiative   View Summary
5 October 2018

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To register for this event, please email law.events@sydney.edu.au

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Dispute Resolution Mechanisms and Organisations in the Implementation of ‘One Belt, One Road’ Initiative: Whence and Whither

The existing dispute settlement mechanisms in the treaties concluded by China and under Chinese domestic law are insufficient to resolve all disputes related to the ‘One Belt, One Road (OBOR)’ Initiative. It is critically important for China to design dispute settlement mechanisms and organizations to facilitate the OBOR Initiative. This article suggests, for trade disputes, the first choice should be to refer the disputes between WTO members to the Dispute Settlement Body. The regional trade regimes may function as supplements. Investment disputes may be submitted to investor-state dispute resolution mechanisms including the ICSID under BITs. In the case of financial disputes, the newly established Asian Infrastructure Investment Bank may provide a platform for its members to settle their disputes. As for those countries which have neither acceded to the WTO nor joined other regional trade regimes, nor signed any FTAs or BITs with China, China may settle the disputes with them through government agreements like protocols, or refer the disputes either to domestic judicial bodies or to arbitration. The purpose for this is to ensure that dispute settlement under the OBOR Initiative will be more economical, efficient and enforceable.

About the speaker

Jiaxiang Hu is the professor of international economic law, director of Asian Law Center, KuGuan Law School of Shanghai Jiao Tong University, China. He earned a BA degree and a MA degree from Hangzhou University, the Mphil degree in law from Zhejiang University and the PhD degree in law from the University of Edinburg. He is also a visiting scholar of International Economic Law Institute of Georgetown University, the East Asian Studies Center of Harvard University and the Asian Law Institute of National University of Singapore. Professor Hu has been awarded the honors for his excellent teachings from the Ministry of Education, Shanghai Municipality and Shanghai Jiao Tong University. He is the author of seven books and nearly a hundred articles published in those prestigious journals like Journal of International Economic Law, Journal of World Trade. His recent publications include Regional Cooperation and Free Trade Agreements in Asia (Brill Publisher 2014), Finance, Rule of Law and Development in Asia: Perspectives from Singapore, Hong Kong and Mainland China (Brill Publisher 2016), From Imitation to Innovation: Legal Education in Asia (Brill Publisher 2017), Perspectives on Chinese Business and Law (Intersentia 2018). Currently, he is also the team leader of several national research programs including A Comparative Study on the Regulations of GM Food by Law and Policies in Different Countries and The Construction of the Legal Framework of the Free Trade Area of the Asia-Pacific. Professor HU is teaching International Economic Law to the undergraduates and WTO Law to the postgraduates. His research interests include Public International Law, International Economic Law and WTO Law.

CPD points: 1

This event is presented by the Centre for Asian and Pacific Law

JSI Seminar Series: Law and the Girl: Genre, Gender and Violence in the Interpretation of Law   View Summary
11 October 2018
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JSI Seminar Series:
Law and the Girl: Genre, Gender and Violence in the Interpretation of Law

Speaker: Dr Honni van Rijswijk, University of Technology

The figure of the child is a figure of crisis. Across national and international frameworks—from UN frameworks to national inquiries—the figure of the child has provided both the occasion and the justification for a number of law’s exceptional jurisdictions. This paper will begin by considering how the liberal legal imaginary has responded to the systemic removal of indigenous children in Canada and Australia, where recognition of “historical” harms was produced through transitional justice frameworks, testimonial processes, and national apologies. In these processes, the figure of the child attained a significant place in the juridico-political imagination—transitional justice processes such as these frame injury within the sentimental genre, even, in Robert Meister’s view, as ‘melodrama.’ Transitional justice and reconciliation narratives have the effect of aligning non-Aboriginal beneficiaries with the position of the bystander, rather than that of the perpetrator, thereby disguising the complicity of non-Aboriginal subjects in state acts that have caused (and continue to cause) suffering.

Honni van Rijswijk then shifts the critical emphasis from the figure of “the child” in the liberal imaginary to the figure of “the girl,” in the more radical imaginaries of Australian novelist Alexis Wright’s novel The Swan Book (2013) and in two graphic novels by Canadian writer A D Robertson, Betty: The Helen Betty Osborne Story (2015) and Will I See? (2016). She considers how the figure of the gendered child provides a subject position from which to resist and re-create juridical and political spaces—especially in the context of state forms of adjudication for sexual violence. In these representations, the girl is a liminal figure caught up in scenes of violence simultaneously defined as “extreme” and quotidian. Dr van Rijskijk reads the figure of the girl in Wright’s and Robertson’s novels as a means to re-contextualise “abused” and “disappeared” Aboriginal children within the frameworks of violent state law. The point of this mode of reading “the girl” is to deepen our understanding of the ways histories of colonialism inform the interpretation of contemporary scenes of sexual violence. Most significantly, gendering the child figure makes not only gender but race central to the critique and re-imagining of law, for, as Dr van Rijswijk will show, “the girl” is necessarily racialized.

This critical method means recognising that state law is not the only law operating through any one territory, at any one time. Rather, multiple legal systems co-exist as complex relations—some of which are recognised and met by the majority, most of which are not. In this way, Dr van Rijswijk’s critical analysis of imaginative literature initiates alternate modes of not only thinking about law, but also of constituting law and legal thought with the Aboriginal girl at its centre. She focuses on modes of indigenous law, feminist law, queer and anti-racist law—all laws that become legible in genres defined as “fiction,” in contrast to what she terms state law’s aggressive realism.

About the speaker

Dr Honni van Rijswijk is a Senior Lecturer in the Faculty of Law, University of Technology Sydney, Australia. Dr Honni van Rijswijk is a graduate of Sydney Law School and received her PhD from the University of Washington, where she was a Fellow in the Society of Scholars at the Simpson Center for the Humanities. Her research is interdisciplinary, and she writes primarily at the intersections of law, literature and critical theory. She has published on feminist theories of harm, formulations of responsibility in law and literature, the role of history in the common law, and on questions of justice relating to the Stolen Generations. Honni is currently writing a monograph, Law and the Girl: Gender, Genre, Violence, which argues for the centrality of the figure of the girl to emergent critical and cultural forms that challenge liberal law and social violence.


CPD Points: 2

The Need for Speed - Is International Arbitration Becoming Overly Fixated with Efficiency?   View Summary
16 October 2018

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The annual International Arbitration lecture, presented by Clayton Utz and supported by Sydney Law School, brings together key figures in international arbitration and the Australian business community to explore the real issues that could affect their international operations, and how international dispute resolution can contribute to their bottom line.

2018 will mark the 17th anniversary of the International Arbitration Lecture series, which continues to attract guest speakers from the four corners of the world to give their insights into the challenges facing international arbitration. 

This year's lecture will be presented by Robin Oldenstam at the Federal Court of Australia, Melbourne.

The Need for Speed - Is International Arbitration Becoming Overly Fixated with Efficiency?”

Efficiency is an important factor in arbitration and likely key to its long term survival as a favoured form for resolving international commercial disputes. At the same time efficiency needs to be tempered by basic procedural principles, such as party autonomy and due process, as well as by general considerations of fairness.

Recent years have seen tendencies to push the efficiency factor to the extent that it may start to infringe upon such principles and considerations. The lecture will offer examples of such tendencies and suggest that it may be time to push back.

About the speaker
Robin Oldenstam specialises in arbitration and civil litigation and is the head of Mannheimer Swartling’s International Arbitration Practice. He is also the current Swedish member of the ICC International Court of Arbitration.

 
Location
Federal Court of Australia
Court 8A
Federal Court Building
305 William Street
Melbourne VIC 3056
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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2018 Paul Byrne SC Memorial Lecture: Our First Nations People in Custody: A National Disgrace    View Summary
24 October 2018

 

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2018 Paul Byrne SC Memorial Lecture: Our First Nations People in Custody; A National Disgrace  

Speaker: Phillip Boulten SC 

About the Lecture
Indigenous Australians are imprisoned at arguably the highest rate of imprisonment of any group of people in the world. About a quarter of all Australian prisoners are Aboriginal or Torres Strait Islanders. They are about 13 times more likely to be imprisoned than non-indigenous Australians. Aboriginal and Torres Strait Islander children are 24 times more likely to detained in a juvenile detention centre than non-indigenous children.

These statistics are well known and understood. There have been Royal Commissions, Commissions of Inquiry, numerous reports and investigations. The magnitude of the disparity is manifest - and disgraceful. This year's Paul Byrne memorial lecture will focus on why this disparity exists and what can be done to ameliorate it.

About the Speaker
Phillip Boulten is a senior criminal barrister practising at the Sydney Bar from Forbes Chambers. He appears in cases at all levels of the criminal justice system, principally in NSW but also in other jurisdictions. 
He appeared in the Royal Commission into the Protection and Detention of Children in the NT as senior counsel for the North Australian Aboriginal Justice Agency. He is the Chair of the Indigenous Issues Committee of the Australian Bar Association, Co-Chair of the NSW Bar Association's Working Group on the Over-representation of Indigenous People in Custody and a member of the Law Council's Criminal Law Committee. He is a past President of the NSW Bar Association and a former member of the executive of the Australian Bar Association.

Previous speakers include:
2017 - Terry O'Gorman
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 seventh 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.

JSI Seminar Series: Economic Liberty and the Fragmentation of Contract Law   View Summary
25 October 2018

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Economic Liberty and the Fragmentation of Contract Law


Speaker: Arie Rosen, Senior lecturer, University of Auckland Faculty of Law

This paper reflects on the limited attachment of liberal democracies to economic liberty, as evident in the fragmented landscape of contemporary contract law. Its first part is dedicated to a theoretical analysis of the multiplicity of contractual regimes and the special place reserved to general contract law in this context. Based on this analysis, it observes that the structure of fragmentation does not protect either the scope or strength of economic liberty in contracts. Rather, the attachment to economic liberty takes the shape of a defeasible presumption in favour of freedom of contract: economic liberty is entrenched in the doctrines of general contract law, and limitations on this liberty normally take the form of exceptions to the general rule. The second part of the paper reflects on the normative principle that would best characterise and justify this presumption. It contemplates the adequacy of the traditional presumption in favour of liberty as a possible justification and rejects it as unhelpful for this purpose. Instead, the paper suggests an alternative presumption in favour of a particular abstraction of the person as a primary liberal principle.

About the speaker

Arie Rosen is a legal theorist and a director of the New Zealand Centre for Legal Theory. His interests span general jurisprudence, constitutional theory, and philosophy of private law. His published work covers methodological question in jurisprudence, the theory of authority, statutory interpretation, and the relations between the concept and the nature of law. His current research on democracy and contract law is funded by a Marsden Grant, awarded by the Royal Society of New Zealand.


CPD Points: 1.5

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Sydney Ideas - Why climate change law is a hot debate   View Summary
30 October 2018

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Australia needs imaginative thinking and ‘hot’ law

We need to think outside the square to catch up with the rest of the world on climate change law


About the event

Historically Australia has led the world in the development of robust environmental laws. And yet, while there have been some notable exceptions, in relation to climate change law, Australia has lagged behind the rest of the world.

In moving forward, any meaningful legal response to governing climate change has three fundamental and interrelated aspects. The first is to take the complex nature of climate change as an environmental problem seriously. Climate change is a classic ‘hot’ situation - it is polycentric, involves scientific predictions, and is a product of socio-political arrangements. Second, as a ‘hot’ situation, it requires the advancement of legal frameworks that respond to the complexity of climate change as a problem.

These frameworks are a form of ‘hot law’ and their development requires the expansion of legal imagination. Numerous examples of this can be seen across the world, including the legal creation of markets and the emergence of new types of legal obligations and rights.

These developments do not occur in isolation and also require integration into the wider legal order. Third, given all of this, there is a need to develop institutional and legal capacity along a range of different dimensions.

The speakers

  • Keynote speaker: Professor Liz Fisher is Professor of Environmental Law at the University of Oxford’s Corpus Christi College and Faculty of Law. She researches in the areas of environmental law and administrative law,exploring the interrelationship between law, administration and regulatory problemsin different legal cultures. Her 2007 book,Risk Regulation and Administrative Constitutionalism, won the SLS Peter Birks Prize for Outstanding Legal Scholarship 2008.
  • Chair: Professor Rosemary Lyster is Professor of Climate and Environmental Law at The University of Sydney Law School. Rosemary is an international leader in the area of Climate Justice and Disaster Law. She published her monograph Climate Justice and Disaster Law with Cambridge University Press in 2016. Her new co-edited book entitled Climate Disaster Law: Barriers and Opportunities was published by Edward Elgar in June 2018. Rosemary has published four other Climate and Environmental Law books with Cambridge University Press and is the lead co-author of Environmental and Planning Law in New South Wales, now in its 4th edition.In 2015 Rosemary was appointed by the Victorian Government to a three-person Independent Review Committee (IRC) to review the state's Climate Change Act 2010to place Victoria as a leader on climate change. The government passed its new Climate Change Act in 2017.

Click here for online registration

CPD Points = 1.5

This Sydney Ideas event is proudly co-hosted by the Australian Centre for Climate and Environmental Law at Sydney Law School

November
BOOK LAUNCH: The Pixelated Prisoner: Prison Video Links, Court 'Appearance' and the Justice Matrix   View Summary
1 November 2018

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BOOK LAUNCH: The Pixelated Prisoner: Prison Video Links, Court 'Appearance' and the Justice Matrix


Author: Dr Carolyn McKay, Sydney Law School

Guest speaker: Professor Katherine Biber, faculty of Law, UTS

Technological linkages between justice and law enforcement agencies are radically altering criminal process and access to justice for prisoners. Video links, integral to an increasingly networked justice matrix, enable the custodial appearance of prisoners in remote courts and are becoming the dominant form of court appearance for incarcerated defendants. This book argues that the incorporation of such technologies into prisons is not without consequence: technologies make a critical difference to prisoners' experiences of criminal justice.

By focusing on the prison endpoint and engaging with the population most affected by video links - the prisoners themselves - this book interrogates the legal and conceptual shifts brought about by the technology's displacement of physical court appearance. The central argument is that custodial appearance has created a heightened zone of demarcation between prisoners and courtroom participants. This demarcation is explored through transformed spatial, corporeal and visual relationships. Cumulative demarcations challenge procedural justice and profoundly recompose prisoners' legal experiences in ways not necessarily recognised by policy-makers.

 

Information about the book


About the author

Dr Carolyn McKay is a Lecturer at the University of Sydney Law School where she teaches Criminal law and Civil and Criminal Procedure. She is Deputy Director of the Sydney Institute of Criminology and a member of the Sydney Law School Social Justice Committee.


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Constitutional Reform in Sri Lanka: Another Missed Opportunity?   View Summary
1 November 2018

EVENT HAS BEEN CANCELLED

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Speaker: Dr Jayampathy Wickramaratne, President's Counsel. Member of Parliament

Sri Lanka has both concentrated and dispersed ethnic groups with the majority Sinhalese being a minority in two of its nine provinces. Although limited devolution was granted to all provinces in 1987 in response to an armed Tamil secessionist movement, successive Governments have used every conceivable means to take back powers. In the current constitutional reform process, strong demands for meaningful devolution have been made by the Sinhala-dominated provinces, indicating that devolution is seen also as an instrument for balanced regional growth, a welcome development. Sinhala nationalists oppose devolution, equating it with federalism which is perceived by many as a springboard for secession. The challenge is to provide for effective and meaningful devolution to address both the national question and demands for balanced regional development, while assuaging fears of possible secession.

Moderate Tamil leaders seem flexible and do not oppose anti-secessionist safeguards but want constitutional guarantees for powers devolved; the two main parties of the South are in a unity government - such a stellar combination may not come again. However, the initial optimism has waned, mainly due to the two parties being unable to agree on an extent of devolution that is acceptable to the Tamils as well. Another thorny issue is the nature of the executive; while main slogan at the 2015 Presidential elections was a return to a parliamentary form of government, the two main parties are now not agreed on the powers and method of election of the President.

The Sri Lankan story has been one of missed opportunities, on the part of both the Sinhalese and Tamils. Now, with the two main parties of the South unable to agree on two of the most crucial issues, will it be another missed opportunity?


About the author

Dr. Jayampathy Wickramaratne counts 41 years as a practising lawyer in Sri Lanka. In 2001, he was appointed President's Counsel, equivalent to a Queen's Counsel in England. The main areas of his legal practice are constitutional law, human rights, administrative law and criminal law.

He holds a Master's degree in Public Administration from the Post-graduate Institute of Management, University of Sri Jayewardenepura and was awarded the Ph. D. degree by the University of Peradeniya for his thesis titled "Fundamental Rights in Sri Lanka". The thesis has been published with a second edition.

Dr. Wickramaratne served as Consultant in the Ministry of Justice and Constitutional Affairs from 1996 to 2001. He was Senior Advisor in the Ministry of Constitutional Affairs in 2004 and from December 2005 to February 2008. He was a member of the Government's Constitution Drafting Team that drafted the Constitution Bill of 2000. He chaired a committee appointed by the Inter-Ministerial Committee on Human Rights to draft a new constitutional Bill of Rights.

From January to July 2015, he was Senior Advisor to the President of Sri Lanka on Constitutional Affairs and played a key role in the drafting of the Nineteenth Amendment to the Constitution. Dr. Wickramaratne is a member of the Parliament of Sri Lanka since August 2015. He is a member of the Steering Committee of the Constitutional Assembly which is tasked with preparing a new draft Constitution and co-chairs its Management Committee. He is also a member of the Parliament's Committee on Standing Orders.

Dr. Wickramaratne has extensive experience in the legal sector of Laos, having worked there for the United Nations Development Programme (UNDP), United Nations Office on Drugs and Crime (UNODC), the European Union and Swedish Sida over the past 16 years. His work includes being Chief Technical Advisor in the UNDP's Legal Sector Preparatory Assistance Project in the Ministry of Justice, Team Leader of the UNDP's Legal Sector Evaluation, consultant to International Law Project, Consultant to the Regional Workshop on Treaties for countries of South-East Asia, Legal Advisor to the UNODC's human trafficking project for three years and human rights expert for activities funded by the European Union from 2015 to date.

He is a Director of the Institute for Constitutional Studies, a research organization working on constitutional issues including constitutionalism, devolution, power-sharing and human rights.

Dr. Wickramaratne has written extensively on legal and constitutional issues and presented numerous papers at international and local events. His latest publication is "Towards Democratic Governance in Sri Lanka: A Constitutional Miscellany" - a collection of papers on constitutional law, power-sharing, human rights and international law.

 

CPD Points: 1

 

This seminar is sponsored by the Sydney Centre for International Law.


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JSI Seminar Series: Finnis Africanus: Natural Law at the End of Empire   View Summary
1 November 2018

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Finnis Africanus: Natural Law at the End of Empire


Speaker: Dr Coel Kirby, Sydney Law School

This talk will make the argument for bestowing John Mitchell Finnis with the agnomen 'Africanus'. Like Scipio before him, he won his greatest victory in Africa. But while Scipio conquered Carthaginian and Numidian armies in what is now Tunisia, Finnis claimed victory of a rather different kind in Malawi. He wrote most of Natural Law and Natural Rights during his two years at the Law School of Chancellor College in Zomba before returning triumphant to Oxford. But this is not the only reason for conferring 'Africanus' on Finnis. The agnomen also recognizes that he could only complete his greatest triumph—a positivist-inflected revision of natural law jurisprudence—after conceiving of a dystopian vision of the collapse of millennia of Christian imperial rule. By historicizing Natural Law and Natural Rights, we can better appreciate it as a radical intervention that promised both a blueprint and a manifesto for a new world (legal) order grounded in the Catholic faith.

To understand Natural Law and Natural Rights only as a neo-Thomist critique of Hart's legal positivism is to misunderstand the politics of this jurisprudential intervention. An intellectual history of Finnis' early thought shows the genesis of the book in two complementary concerns. His first concern, as a Catholic, was how one should and could respond to the existential threats to humanity in the 1970s—namely, communist revolution and Malthusian overpopulation (especially in the 'Third World' of Africa and Asia), and nuclear annihilation. The new challenge for a natural lawyer in the mid-twentieth century was how to pursue a principled moral response to these threats in a world dominated by secular legal orders. His second concern, as a public law scholar, was how to discipline the exercise of public power in legal orders grounded on secular values. Finnis began his inquiry by using the demise of legal orders in the former British colonies to revolution and communism to formulate a critique of legal positivism. He took cases like Rhodesia and Pakistan not as the illustrations of colonial contradictions, but as aberrations of his 'central cases' of constitutional government: ideally, a homogenous community unified by common moral values grounded in practical reason—and, ultimately, God. The talk will conclude by situating the story of Finnis Africanus in a larger project: an intellectual history of jurisprudence in the context of empire and its aftermath.

About the speaker

Coel Kirkby joined the Sydney Law School in 2018. He was elected the Smuts Research Fellow in Commonwealth Studies at the University of Cambridge in 2017. Before that he was a McKenzie Fellow at Melbourne Law School and Endeavour Fellow at UNSW. Coel is both a historian of the legal thought and practice of British imperialism, and a comparative constitutional scholar concerned with its legacies in postcolonial states. He has also written and worked on contemporary constitutional reform projects from Fiji and Tuvalu to Victoria and South Africa.


CPD Points: 1.5

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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.


Speakers:

- Research on food marketing and children's health - the state of play: Associate Professor Bridget Kelly, University of Wollongong

- Consumer law and food marketing in ACC v Heinz: Adrian Coorey, ACCC, and Jane Martin, Obesity Policy Coalition

- The food industry's initiatives on marketing to children: Geoffrey Annison, Australian Food and Grocery Council, and Jane Martin, Obesity Policy Coalition

- State government regulation of food advertising on transport infrastructure: Wendy Watson, Cancer Council NSW, and Emily Harper, ACT Health

 

Time: 6-8pm (canapes from 5.30pm)

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:

Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Garba case   View Summary
8 November 2018

 

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Manslaughter by gross negligence, or systemic failure? Implications of the Dr Hadiza Bawa-Garba case for Australia

Keynote Presentation: Professor Ian Freckelton QC


About the Seminar

On Friday morning, 18 February 2011, six-year-old Jack Alcock was admitted to the Leicester Royal Infirmary Hospital in England in a limp and unresponsive state, following 12 hours of vomiting and diarrhoea.
By 9.20pm that night he was dead, due to sepsis and organ failure arising from pneumonia, which remained undiagnosed during the day. Dr Hadiza Bawa-Garba was the doctor on duty in the Children's Assessment Unit at the hospital, where Jack remained for most of the day.

On 4 November 2015, Dr Bawa-Garba was found guilty of manslaughter by gross negligence. She was also suspended and then erased from the Medical Register until a decision of the Court of Appeal, sparking criticism worldwide.
On the day of the tragedy, Dr Bawa-Garba was covering the Children's Assessment Unit because she had volunteered to fill in for a colleague who was absent. She worked a double shift, without any breaks, also covering cases in the general paediatrics ward, and the Emergency Department. In a letter of support for Dr Bawa-Garba, 159 pediatricians condemned the punitive approach taken against one doctor "against a background of numerous systemic failures", adding that they would be confident to employ Dr Bawa-Garba upon her re-instatement to the medical register.

In this seminar, Professor Ian Freckelton QC will review the Bawa-Garba case and consider its implications for medical practice in Australia. Was Dr Bawa-Garba treated unfairly, and how should the Medical Board of Australia (and in NSW, the NSW Medical Council) and other professional bodies respond in such cases? How should community expectations be met in tragic cases like this one? Are there solutions to the staffing challenges that place unreasonable demands on medical practitioners?

Keynote Presentation: Professor Ian Freckelton QC

A panel of experts will respond to Professor Freckelton's address:

Dr Penny Browne, Chief Medical Officer, Avant Mutual
Dr Andrew McDonald, Associate Professor in Paediatrics, Western Sydney University School of Medicine
Ms Jane Bulter, Senior Associate, Catherine Henry Lawyers.
Chair: Professor Cameron Stewart, Sydney Law School

Click here for online registration

CPD Points: 1.5

This event is proudly hosted by the Sydney Health Law, Sydney Law School, The University of Sydney in partnership with the Menzies Centre for Health Policy at The University of Sydney

The Supreme Court of NSW Annual Commercial and Corporate Law Conference   View Summary
20 November 2018

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Directors' Duties, Corporate Culture and Corporate Governance


2018 is proving to be a year of pivotal developments in thinking about the role and responsibilities of Australian company directors. Traditional law requires directors to act in the best interests of the company's equity investors.

But some public commentary asserts additional, overriding social duties to other stakeholders, including customers, employees, and the environment. Some commentators claim that directors' duties are owed to the public and not merely to shareholders, that directors are accountable for their organisation's corporate culture, and that a company conducts business in reliance on a social licence to operate which can be forfeited by bad behaviour.

Such claims have been made not only in the media, but also by regulators. They were included in some proposals announced by the ASX Corporate Governance Council in May 2018. They appear to be pressing issues before the Financial Services Royal Commission. How should the legal community respond to these ideas, and what advice should be given to corporate clients and their directors?"


Speakers:

Associate Professor Jason Harris, UTS

Professor Dimity Kingsford Smith, UNSW

Shannon Finch, King & Wood Mallesons

Kevin McCann AM FAICD, Independent Non-Executive Chairman and Director

 

More information including the program

 

Registration (inc. GST):

$265

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CPD Points: 4

 

This event is 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 School.

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Transnational Litigation and China: Jurisdiction, Applicable Law and Judgments   View Summary
21 November 2018

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Transnational Litigation and China: Jurisdiction, Applicable Law and Judgments

China is Australia's largest trading partner. Transnational litigations involving Chinese parties/factors are incredibly increasing. This amazing panel will explore the substantive and procedural litigation issues including:

- Which court should have jurisdiction?

- What are the implications of the recently established Chinese commercial courts?

- How to address parallel litigations in Australia and China?

- What laws are applicable to litigations involving Chinese parties/factors?

- Can Australian judgments be recognized and enforced in China?


Speakers:

Parallel Proceedings and the Connection Test
Professor Vivienne Bath
, Sydney Law School

Forum non conveniens in Chinese Maritime Litigation
Professor Jingying Chen
, East China University of Political Science and Law

Transnational Families and Related Litigations
Associate Professor Jeanne Huang
, Sydney Law School

International Commercial Court: The Chinese Model
Professor Tao Du
, East China University of Political Science and Law


Chair: Professor Chester Brown, Sydney Law School


CPD Points: 1.5


This event is hosted by the Centre for Asian and Pacific Law (CAPLUS) at The University of Sydney Law School.


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Where Have All The Young Offenders Gone?   View Summary
29 November 2018

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Where Have All The Young Offenders Gone?


Recent research conducted by Payne, Brown and Broadhurst revealed some starting trends. By comparing two birth cohorts involving all those born in New South Wales in 1984 and 1994 showed that, by age 21, the proportion of the population that had come into contact with the criminal justice system had halved. This event will unpack the findings from this important research and consider the impact on the NSW criminal justice system.

Speakers:

Dr Jason Payne is an Associate Professor in Criminology at the Australian National University (ANU). He holds a Bachelor in Social Science (Criminology), a Graduate Diploma in Languages (Japanese), a Master of Public Policy (Policy Analysis) and PhD in Criminology. Jason specialises in quantitative criminological methods, developmental and life-course criminology and drugs and crime.

Dr Rick Brown is the Deputy Director of the Australian Institute of Criminology. He has been a criminologist for over 25 years and has worked extensively on issues associated with crime prevention, community safety and policing both in the UK and Republic of Ireland. He holds a PhD from the London School of Economics and Political Science, a Master of Arts degree from the University of Westminster and a Bachelor of Arts (with Honours) degree from Hatfield Polytechnic in the UK.

Formal presentations will be followed by commentary and discussion from panel members and the audience.


CPD Points: 1.5


This event is jointly hosted and sponsored by the Sydney Institute of Criminology (The University of Sydney) and the Australian Institute of Criminology.


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December
Imagining Rikers: A Social History of New York City's Rikers Island Jail Complex   View Summary
11 December 2018

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Imagining Rikers: A Social History of New York City's Rikers Island Jail Complex


Speaker: Professor Jayne Mooney, John Jay College of Criminal Justice

Rikers Island sits in New York City's East River, eight miles from the Empire State Building and just across the waterway from LaGuardia airport. Those detained on Rikers therefore find themselves immobilized in close proximity to a hub of global transport, in sight of the spectacular New York City skyline. Rikers consists of nine separate jails, housing approximately nine thousand inmates on a given day, with 50-60,000 cycling through over the course of a year. It has one of the most racially and class concentrated inmate populations in the United States with 96 percent coming from Black and Latino families, and 56 percent never having graduated from high school. Upwards of 80% of those held on Rikers on a given day are awaiting trial, mostly due to being simply too poor to post bail. Rikers has for years been a scandalous and despised fixture of New York City Life, with the mere mention of its name conjuring up arguments about the exponential growth of the prison industrial complex in the age of neo-liberalism, citing its attendant policies and practices of coercive social control. Today a series of high profile tragedies, an activist campaign to close the facility and the appointment of the Independent Commission on New York City Criminal Justice and Incarceration Reform (2017) has put closure of Rikers on the table as a viable possibility with plans to replace it with smaller 'state of the art' jails in each of the boroughs of the city at a cost over $10 billion.

In the current climate of debate over the future of Rikers, this paper argues that it is instructive to focus on its origins. For Rikers was not always viewed in such a negative light. When it officially opened in the 1930s Rikers was hailed as a 'model' facility, at the cutting edge of prison design and inmate rehabilitation. It was built to replace the notorious New York City penitentiary housed on another East River island, Blackwell's Island (now Roosevelt Island), which had been denounced as the 'worse prison in the world'. To elucidate the present situation, this paper focuses on the under-explored history of New York City's penal institutions. It shows how previous periods of crisis - when conditions could no longer be defended by administrators - resulted in calls for the closure of discredited facilities and the building of better jails. Based on archival and oral history interviews, the project as a whole builds on the debate introduced by E.H. Carr in What is History? (1961) and, more recently, that of S. Flaaten and P.J. Ystehede (2014) and (Mooney, 2014, 2019), together with critical punishment memorialization studies (Shanahan and Mooney, 2018), about the importance of learning from the past and the need to keep an 'eye' on what lessons sociology and criminology can learn from history, as well as, the input into history that can be gleaned from the sociology of crime. It suggests that the telling of carceral history is potentially a powerful weapon capable of informing proposals for change, as well as helping to preserve the memory of those who have suffered and resisted the practice of human caging. As criminologists, we have, as Bosworth (2001) points out, an obligation to make sense of and to document the past as much as the present and provide a critical commentary on it. This has a particular resonance at this juncture in the unfolding saga of the US carceral state, juxtaposing as it does great opportunity - the possibility of an entirely new direction - with great risk, that is the threat of making the same mistakes all over again.


About the speaker

Jayne Mooney is a professor of Sociology at John Jay College of Criminal Justice and is on the doctoral faculties of sociology, criminal justice and women's studies at the Graduate Center, City University of New York. Her focus of scholarship is on the history of crime and punishment, gender and crime, the sociology of violence, social deviance and critical criminology. She is the author of Gender, Violence and the Social Order (2000, reprinted 2011), Macmillan/ Palgrave and a co-author of Fifty Key Thinkers in Criminology (2010), Routledge (with K. Hayward and S. Maruna). Jayne has published over twenty papers in books and peer-reviewed journals and numerous research monographs and reports. Recent publications include 'A Tale of Two Regicides' for The European Journal of Criminology - this was a special issue to launch the European Society of Criminology's working group on history - and '¿Que dirán? Making sense of the impact of Latinas' experiences of intimate partner violence in New York City' (with Yolanda Ortiz-Rodriguez). She is the author of the forthcoming The Theoretical Foundations of Criminology: Place, Time and Context, Routledge, 2019, and Rikers: A Social History of New York City's Island of the Poor (co-authored with Jarrod Shanahan).

Jayne's funded research has included local victimization surveys, violence against women, the policing of rape and sexual assault, studies of the Irish community in London, stops and frisk, video games and youth, street crime and the history of crime and criminal justice. She developed one of the first large scale surveys of domestic violence in the UK (The North London Domestic Violence Survey), the findings of which continue to inform national and local government policy on domestic violence. Jayne has worked for the University of Bedfordshire's International Centre on Child Sexual Exploitation, Violence and Trafficking on a study that analyses research and policy on sexual violence against children and adolescents. Her current projects include a social history of Rikers Island jail and early penal institutions in New York City.

Jayne has worked as a consultant for a number organizations in the UK including Women Against Rape, the Zero Tolerance campaign against male violence, Islington Council and Hackney Council's domestic violence initiatives, the UK Government's Irish in Britain All-Parliamentary Group, Safer Cities, the Scottish Office and HM Holloway Prison for women, London. She has taken part in several radio debates on violence against women, including BBC Radio 4's Woman's Hour. Jayne has twice served as an elected Executive Officer of the Critical Criminology and Social Justice Division, American Society of Criminology, and 2017 was appointed the Division's official archivist. She serves as a member of the Fulbright Awards Screening Committee, Institute of International Education, United States Department of State. Jayne is an international board member of the British Journal of Criminology. In 2017 she worked for the 'Justice in Design' component of the Independent Commission for New York City Criminal Justice and Incarceration Reform.


CPD Points: 1


This seminar is hosted by the Institute of Criminology at The University of Sydney Law School.

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Quantitative Modelling of Crime   View Summary
14 December 2018

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Quantitative Modelling of Crime. Latest developments of our collaborators from the Alan Turing Institute


A Spatial Interaction Model of Criminal Behaviour

Louis Ellam, Imperial College London, Alan Turing Institute

It is known that crime is spatially concentrated, however, most research relies on information about where crimes occur, without consideration to where offenders reside. Using shoplifting as an example, a spatial interaction model of retail activity is proposed to represent theoretical perspectives from crime pattern and social disorganization theories; crime rates depend on the opportunities in close proximity to the offenders home as well as the environmental factors of the offender's home location. A robabilistic (Bayesian) approach is taken to account for the uncertainties in the model, which are fully reflected in the prediction of offences.


Jointly Modelling Correlated Crime Types

Virginia Aglietti, The University of Warwick, Alan Turing Institute

Many problems in criminology are characterized by count or point data observed in a spatio-temporal region. For instance, different crime events, such as burglaries, felony assaults or larcenies can be represented by point processes unfolding in space and time. Such crime processes not only display complex spatial and temporal correlations but are often cross correlated. This means that the number of burglaries events can be highly predictive of other crimes' occurrences such as robberies and larcenies. These settings are called multi-task problems and our goal is to exploit such dependencies in order to improve the generalisation capabilities of the learning algorithm. In our study we develop a unified inference framework for jointly modelling correlated crime processes sharing information between tasks. This in turn increases the prediction accuracy of the algorithm and allows the make reliable prediction for the level of crime in missing data regions.


CPD Points: 1.5


This seminar is hosted by the Institute of Criminology at The University of Sydney Law School, The Alan Turing Institute, Imperial College London, The University of Warwick, and Centre for Translational Data Science at The University of Sydney

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