Griffith Law Review最新文献_第4页

Material vulnerabilities and interspecies relationalities: a critical appraisal of the legal status of animals in disasters 物质脆弱性和物种间关系:对灾害中动物法律地位的批判性评估

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2092701

Ashleigh P. A. Best

{"title":"Material vulnerabilities and interspecies relationalities: a critical appraisal of the legal status of animals in disasters","authors":"Ashleigh P. A. Best","doi":"10.1080/10383441.2022.2092701","DOIUrl":"https://doi.org/10.1080/10383441.2022.2092701","url":null,"abstract":"ABSTRACT As liminal, exigent moments in time, disasters cast light on the significance of animals’ relationships with humans. Through their materialisation, human–animal relations are revealed as taking myriad forms: loyal, neglectful, salutary, harmful, benevolent, deleterious. This article examines how a pervasive failure by the Western legal imaginary to acknowledge and account for the relational aspects of animals’ lives amplifies their susceptibility to harm during disasters. To this end, the article analyses two major dimensions of animals’ legal status: their status as property; and statutory provisions governing animal welfare and wildlife habitat. It consults three temporally and geographically disparate disasters which affected jurisdictions within the Western legal tradition, namely Hurricane Katrina, the Victorian Black Saturday Bushfires and New Zealand’s Canterbury Earthquakes, to scrutinise how each dimension of animals’ legal status aggravates their vulnerability to the adverse effects of hazards. Drawing from critical literatures which foreground and fault Western law’s inattention to the nonhuman material world, the article attributes this condition to an ingrained feature of animals’ legal status: that it overlooks the determinative role played by animals’ relationships with humans in securing or compromising their wellbeing and survival during disasters.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"31 1","pages":"287 - 311"},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43294111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

‘Incremental and cumulative’: Griffiths and the limitations of the Native Title Act 1993 (Cth) in dealing with compensation for cultural loss “增量和累积”:格里菲斯和1993年《土著所有权法》(Cth)在处理文化损失补偿方面的局限性

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2073109

Michael Raine

引用次数: 0

Intergenerational care and judg(e)ment in a time of climate change 气候变化时代的代际关怀和判断

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2095804

N. Rogers

引用次数: 0

Studying while Muslim: anti-discrimination law, countering violent extremism, and suspect youth 一边做穆斯林一边学习:反歧视法、打击暴力极端主义和可疑青年

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2076967

Mareike Riedel

{"title":"Studying while Muslim: anti-discrimination law, countering violent extremism, and suspect youth","authors":"Mareike Riedel","doi":"10.1080/10383441.2022.2076967","DOIUrl":"https://doi.org/10.1080/10383441.2022.2076967","url":null,"abstract":"ABSTRACT As part of the global War on Terror, governments, including in Australia, have increasingly encouraged teachers to spot students ‘at risk’ of radicalisation, thereby turning schools into sites of surveillance. Despite their important intended goal, these programs have been criticised for leading to over-reporting, misinterpretation, and the stigmatisation of Muslim students who have been disproportionately affected by such surveillance practices. In a climate of Islamophobic suspicion that constructs Muslims as ‘potential terrorists’, such outcomes are not surprising, leaving young Muslims vulnerable to discrimination and stereotyping. This article provides a critical reading of Complainant 201822 v Australian Capital Territory (Represented by the Education Directorate) concerning a young Muslim student who was wrongly reported by his school to public authorities due to his supposedly suspicious behaviour. Using the decision as a case study, the article discusses how young Australian Muslims have been caught in a vicious cycle in which anti-terror laws, policing, and surveillance foster their stereotyping as ‘potential terrorists’. At the same time, the decision illustrates how the law offers little protection against the significant harms caused by this manifestation of systemic Islamophobia.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"17 8","pages":"193 - 216"},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41272934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Playing to the gallery: the invocation of human rights, legal actors, and outside audiences in debates on roadside drug testing in the Australian Capital Territory 在画廊播放：在澳大利亚首都地区关于路边毒品检测的辩论中，人权、法律行为者和外部观众的呼吁

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2082697

S. Mulcahy, Kate Seear

{"title":"Playing to the gallery: the invocation of human rights, legal actors, and outside audiences in debates on roadside drug testing in the Australian Capital Territory","authors":"S. Mulcahy, Kate Seear","doi":"10.1080/10383441.2022.2082697","DOIUrl":"https://doi.org/10.1080/10383441.2022.2082697","url":null,"abstract":"ABSTRACT Roadside drug testing (‘RDT’) was introduced in the Australian Capital Territory (‘ACT’) through a private member’s Bill that was fiercely debated in the ACT parliament. It was the first RDT scheme in Australia subject to human rights scrutiny, and thus parliamentarians had to weigh road safety arguments against human rights considerations in determining whether the proposed measures were proportionate. This paper focuses on the debate over RDT in the ACT parliament, how human rights and safety concerns figure, and how legal actors and ‘outside audiences’ are invoked. The debate was marked by frequent appeals to family members present in the public gallery and legal actors such as the Chief Police Officer, the Human Rights Commissioner, and socio-legal experts outside the chamber. Drawing from cultural legal studies scholarship on legal insiders and outside audiences in legal proceedings, this paper analyses how these stakeholders figure in human rights debates on RDT, and with what effects. The paper argues that the invocation of outside audiences reflects what Crawley and Tranter term ‘a need to bring the human back’ but cautions that this humanising process only brings some humans in, and therefore connects human rights to only certain human lives in certain ways.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"31 1","pages":"240 - 265"},"PeriodicalIF":1.2,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47636845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Tortious discipline 保守的纪律

IF 1.2

Griffith Law Review Pub Date : 2022-04-03 DOI: 10.1080/10383441.2022.2085419

Stephen M. Young

引用次数: 0

Administrative justice theory and benchmarks in mandatory immigration detention: principled tensions or power imbalance? 强制移民拘留的行政司法理论与基准:原则紧张还是权力失衡?

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2054574

A. Elton

{"title":"Administrative justice theory and benchmarks in mandatory immigration detention: principled tensions or power imbalance?","authors":"A. Elton","doi":"10.1080/10383441.2022.2054574","DOIUrl":"https://doi.org/10.1080/10383441.2022.2054574","url":null,"abstract":"ABSTRACT The controversial mandatory immigration detention framework in Australia restricts individual freedoms in the most fundamental way and warrants close scrutiny. This article takes a pre-formulated theory of administrative justice as a lens to consider law-making and decision-making in mandatory detention cases where people sought asylum in Australia without a valid visa. In so doing, the article takes novel steps beyond defining the concept of administrative justice to applying a comprehensive administrative justice theory to this particular Australian setting. It provides a basis for analysing the limitations of the mandatory detention framework from a normative legal perspective and highlights areas of concern that are ripe for reform in the delivery of administrative justice. The article proposes a set of normative benchmarks that are founded on four administrative justice themes: the proper exercise of power, equal treatment, due process, and accessibility. These immigration detention-specific benchmarks are drawn from domestic law and policy, international law and literature in public administration and human rights. The article then analyses overseer recommendations, law reform reports and scholarly material to reveal the extent to which immigration detention practices meet normative administrative justice values. The article analyses how power imbalances destabilise the principled tensions that should exist between administrative justice properties and the subsequent effect that such imbalances have on those subject to mandatory immigration detention. This article proves that administrative justice theory provides a suitable lens for normative analysis of a public law system and emphasises the need for principled tensions between administrative justice properties.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"31 1","pages":"57 - 97"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46825555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Restoration to practice of health practitioners removed for serious sexual misconduct: evaluating public confidence and assessing risk 因严重性行为不端而被撤职的医务人员恢复工作:评估公众信心和评估风险

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2060651

J. Millbank

引用次数: 1

Who is an officer of a corporation? Australia and the United States Compared 谁是公司的高级职员？澳大利亚和美国的比较

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2031525

Weiping He

引用次数: 0

Building towards best practice for governments’ public communications in languages other than English: a case study of New South Wales, Australia 构建政府非英语公共沟通的最佳实践:以澳大利亚新南威尔士州为例

IF 1.2

Griffith Law Review Pub Date : 2022-01-02 DOI: 10.1080/10383441.2022.2031526

A. Grey, Alyssa A. Severin

{"title":"Building towards best practice for governments’ public communications in languages other than English: a case study of New South Wales, Australia","authors":"A. Grey, Alyssa A. Severin","doi":"10.1080/10383441.2022.2031526","DOIUrl":"https://doi.org/10.1080/10383441.2022.2031526","url":null,"abstract":"ABSTRACT Through NSW’s recent run of bushfires and COVID-19, the importance of government communications reaching the whole public has become increasingly obvious. Other Australian governments, and governments worldwide, face similar challenges. Linguistic exclusion from government communications can create real dangers to individuals and communities and push people towards misinformation. It is a fundamental problem for societies founded on principles of equality, responsible government, and equal civic participation. Yet official government communications practices in languages other than English (LOTEs) are rarely studied. This socio-legal study brings both visibility and an analytic critique to the NSW Government’s public communications practices, building on the authors’ prior analysis of the underlying laws and policies in this journal. This empirical examination of web-based communications from 28 departments and agencies identifies real problems, even though the NSW Government makes some effort to publicly communicate in LOTEs: we found no consistency or predictability across websites in relation to the range of LOTEs used, the amount of LOTE content produced, or the steps by which it could be accessed. The study raises serious concerns about the government’s responsiveness to, representation of, and accountability to NSW’s highly multilingual public, and bolsters the call for more informed and strategic communications policy.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"31 1","pages":"25 - 56"},"PeriodicalIF":1.2,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44539750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2