发布求助
文献互助 智能选刊 最新文献

UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL最新文献

筛选
英文 中文
The Efficacy, Equity and Externalities of Australia’s COVIDSafe App as a Policy Intervention during the COVID-19 Pandemic: Was It Sunscreen or Tanning Lotion? 澳大利亚COVIDSafe应用程序在新冠肺炎大流行期间作为政策干预的有效性、公平性和外部性：是防晒霜还是Tanning Lotion？
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/jbeo1430
J. Selby
{"title":"The Efficacy, Equity and Externalities of Australia’s COVIDSafe App as a Policy Intervention during the COVID-19 Pandemic: Was It Sunscreen or Tanning Lotion?","authors":"J. Selby","doi":"10.53637/jbeo1430","DOIUrl":"https://doi.org/10.53637/jbeo1430","url":null,"abstract":"Digital contact tracing apps, such as the COVIDSafe App in Australia, have been rapidly implemented by many governments as a public policy solution to increase the efficiency of health screening testing during the COVID-19 viral pandemic. This article analyses how the COVIDSafe App’s unresolved efficacy and equity issues and the cybersecurity and privacy externalities it imposes onto Australians have prevented the App from making a significant positive contribution towards reducing the impact of the pandemic in Australia. It attributes some of the failure of Bluetooth-based digital contract tracing apps to their mis-characterisation as a Lessigean ‘code as law’ policy response, arguing instead that such apps are more complex and fragile cyber-physical systems requiring more analysis prior to implementation.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47995967","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
Comparative and Critical Analysis of Key Eligibility Criteria for Voluntary Assisted Dying under Five Legal Frameworks 五种法律框架下自愿协助死亡关键资格标准的比较与批判分析
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/juwl9208
B. White, Eliana Close, L. Willmott, Katrine Del Villar, J. Downie, J. Kevin Cameron, Jayne Hewitt, R. Meehan, Laura Ley Greaves
{"title":"Comparative and Critical Analysis of Key Eligibility Criteria for Voluntary Assisted Dying under Five Legal Frameworks","authors":"B. White, Eliana Close, L. Willmott, Katrine Del Villar, J. Downie, J. Kevin Cameron, Jayne Hewitt, R. Meehan, Laura Ley Greaves","doi":"10.53637/juwl9208","DOIUrl":"https://doi.org/10.53637/juwl9208","url":null,"abstract":"Eligibility criteria determine a crucial question for all voluntary assisted dying frameworks: who can access assistance to die? This article undertakes a critical and comparative analysis of these criteria across five legal frameworks: existing laws in Victoria, Western Australia, Oregon and Canada, along with a model Bill for reform. Key aspects of these criteria analysed are capacity requirements; the nature of the medical condition that will qualify; and any required suffering. There are many similarities between the five models but there are also important differences which can have a significant impact on who can access voluntary assisted dying and when. Further, seemingly straightforward criteria can become complex in practice. The article concludes with the implications of this analysis for designing voluntary assisted dying regulation. Those implications include challenges of designing certain yet fair legislation and the need to evaluate voluntary assisted dying frameworks holistically to properly understand their operation.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46572078","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: 1
The ‘Entrepreneurship Approach’ to Determining Employment Status: A Normative and Practical Critique 确定就业状况的“创业方法”:一种规范和实践的批评
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/oglb7881
Pauline Bomball
{"title":"The ‘Entrepreneurship Approach’ to Determining Employment Status: A Normative and Practical Critique","authors":"Pauline Bomball","doi":"10.53637/oglb7881","DOIUrl":"https://doi.org/10.53637/oglb7881","url":null,"abstract":"Recently, the concept of entrepreneurship has attracted increased attention in the Australian case law on employment status. Some judges have adopted an ‘entrepreneurship approach’ in determining whether a worker is an employee or an independent contractor, while others have rejected this approach. Although the concept of entrepreneurship has appeared increasingly frequently in the cases, it remains an under-theorised concept. This article critically evaluates the concept from a normative worker-protective perspective. It assesses the entrepreneurship approach by reference to theories of power and vulnerability in the employment relationship, and critically examines cases from the United States of America (‘US’) that illustrate the nature and practical operation of the entrepreneurship approach. The article argues that an entrepreneurship approach that operates in a manner similar to the ‘ABC’ test in the US warrants consideration by those seeking to revitalise the tests for employment status in Australia.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45847140","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
Investing for a Safe Climate? 为安全气候而投资?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/rqqr9950
A. Foerster, K. Sheehan, Daniel Parris
{"title":"Investing for a Safe Climate?","authors":"A. Foerster, K. Sheehan, Daniel Parris","doi":"10.53637/rqqr9950","DOIUrl":"https://doi.org/10.53637/rqqr9950","url":null,"abstract":"Climate change is now widely recognised as a source of financial risk for institutional investors like superannuation funds, which may manifest as reduced asset values and investment returns. Investors are also facing increasing pressure to play a constructive role in society’s response to climate change by aligning portfolios to the 2015 Paris Agreement on Climate Change. This article presents an empirical study of current and emerging climate-related investment practices in Australia, underpinned by an analysis of the legal, regulatory and theoretical frameworks in which investment decision-making takes place. While the study confirms that approaches to climate risk assessment and management are rapidly evolving, it also suggests that integrating climate considerations into investment decision-making and adopting responsible investment practices to manage climate-related risks is not encouraged by existing legal frameworks and dominant, mainstream approaches to investment. There remain considerable legal and practical barriers to aligning investment decision-making with the Paris Agreement.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45434599","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
In the Public Interest: Protections and Risks in Whistleblowing to the Media 公共利益:向媒体举报的保护与风险
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/wmzr2175
Rebecca Ananian-Welsh, Rosemary Cronin, P. Greste
{"title":"In the Public Interest: Protections and Risks in Whistleblowing to the Media","authors":"Rebecca Ananian-Welsh, Rosemary Cronin, P. Greste","doi":"10.53637/wmzr2175","DOIUrl":"https://doi.org/10.53637/wmzr2175","url":null,"abstract":"Whistleblowing and a free press are vital to facilitating public accountability for powerful institutions and thereby improving integrity across the public and private sectors. But when is a whistleblower permitted to disclose information to the media? Once a whistleblower speaks to a journalist, what protections and assurances will they be entitled to? This article addresses these questions by examining existing protections for private and public sector whistleblowers and, relatedly, journalists’ confidential sources under federal law. In this way, it explores the intersection between whistleblowing and press freedom and reveals gaps and weaknesses in existing legal frameworks.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42331397","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
Religion and the Constitution: A Response to Luke Beck’s Safeguard against Religious Intolerance Theory of Section 116 宗教与宪法：对卢克·贝克第116节“反对宗教不容忍”理论的回应
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/qduv1286
Benjamin B. Saunders, Alex Deagon
{"title":"Religion and the Constitution: A Response to Luke Beck’s Safeguard against Religious Intolerance Theory of Section 116","authors":"Benjamin B. Saunders, Alex Deagon","doi":"10.53637/qduv1286","DOIUrl":"https://doi.org/10.53637/qduv1286","url":null,"abstract":"This article critiques Luke Beck’s ‘safeguard against religious intolerance’ theory of section 116 of the Constitution. We argue that a plausible theory of section 116 must be able to account for the fact that, at Federation, Australia was an overwhelmingly Christian nation, which was opposed to the establishment of any religion but was not ‘secular’, and also for the fact that Australian society has become less religious but with many surviving remnants of the enmeshing of religion and the government. We argue that, consistent with the traditional understanding, section 116 has a federal purpose, being designed to distribute power to legislate in relation to religion throughout the Australian federation. Section 116 can also be seen as promoting religious pluralism, enabling interactions between religion and government. Beck’s theory, and its separationist implications, fails to adequately take these factors into account.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"10 4","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41262155","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
Learning from Lived Experience: Australia’s Legal Response to Forced Marriage 从生活经验中学习:澳大利亚对强迫婚姻的法律回应
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/yjys9724
Frances Simmons, Grace Wong
{"title":"Learning from Lived Experience: Australia’s Legal Response to Forced Marriage","authors":"Frances Simmons, Grace Wong","doi":"10.53637/yjys9724","DOIUrl":"https://doi.org/10.53637/yjys9724","url":null,"abstract":"Since the criminalisation of forced marriage in Australia in 2013, the number of cases reported to Australian authorities has risen sharply. This article draws on a qualitative study with eight survivors of forced marriage in Australia to explore survivors understanding of the legal concepts of forced marriage and family violence; experiences of coercion and control in the lead up to, and within, a forced marriage; the obstacles survivors encountered when they sought help; their reflections on justice and the limitations of legal responses to forced marriage; and how survivors can shape law and policy reform. The findings of this study underline the need to reframe Australia’s response to forced marriage to address the complex processes of coercion and control which lead to forced marriage and to create meaningful opportunities for survivors to shape the design, implementation and evaluation of legal and policy responses to forced marriage.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48514682","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
Growing Enlightenment: Sentencing Offenders with Autism Spectrum Disorder in Australia 日益增长的启示：澳大利亚对自闭症谱系障碍罪犯的判决
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-11-01 DOI: 10.53637/rwwg5986
Gabrielle C. Wolf
{"title":"Growing Enlightenment: Sentencing Offenders with Autism Spectrum Disorder in Australia","authors":"Gabrielle C. Wolf","doi":"10.53637/rwwg5986","DOIUrl":"https://doi.org/10.53637/rwwg5986","url":null,"abstract":"The number of defendants raising an Autism Spectrum Disorder (‘ASD’) diagnosis in criminal proceedings is increasing. Australian courts treat this neurodevelopmental disorder as a mental impairment that they may take into account in sentencing. A few studies nonetheless exposed deficiencies in judicial officers’ understanding of ASD symptoms and their potential forensic relevance. Courts’ willingness to rely on expert evidence did not always lead to them sentencing offenders with ASD in a consistent or enlightened manner. Building on those investigations and drawing on research into ASD, this article examines sentencing decisions involving eight offenders with ASD in various Australian jurisdictions between 2014 and 2020. This analysis demonstrates that judicial officers’ knowledge about ASD and appreciation of its possible relevance to sentencing considerations are growing, but there remain gaps in both respects. The article speculates on possible reasons for this and proposes reforms to improve courts’ approaches to sentencing offenders with ASD.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44643855","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
Digital Democracy: Big Technology and the Regulation of Politics 数字民主:大技术与政治监管
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/ouzz2397
Anika Gauja
{"title":"Digital Democracy: Big Technology and the Regulation of Politics","authors":"Anika Gauja","doi":"10.53637/ouzz2397","DOIUrl":"https://doi.org/10.53637/ouzz2397","url":null,"abstract":"The legal regulation of politics has, at its core, the aim of preserving three fundamental democratic values: liberty, equality and deliberative political participation. Yet, the reference point for examining these values is rooted in 19th and 20th century practices: where political campaigning and mobilisation follow terrestrial principles of organisation and regulation is undertaken by the state. Using the most recent empirical evidence drawn from political science on the changing nature of political participation and organisation, this article analyses the challenges of regulating digital politics. It argues that while the major focus of current interventions centres on political disinformation, this obscures more fundamental regulatory concerns such as capturing the diversity of new modes of participation and reconceptualising equality. While a model of co-regulation holds promise by institutionalising communities and individuals within technology companies’ policy decision-making processes, firms’ ultimate authority to define and control their user base presents challenges for effective participation.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49163890","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: 4
Addressing Disconnection: Automated Decision-Making, Administrative Law and Regulatory Reform 解决脱节:自动化决策、行政法和监管改革
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/wcgg2401
Anna Huggins
{"title":"Addressing Disconnection: Automated Decision-Making, Administrative Law and Regulatory Reform","authors":"Anna Huggins","doi":"10.53637/wcgg2401","DOIUrl":"https://doi.org/10.53637/wcgg2401","url":null,"abstract":"Automation is transforming how government agencies make decisions. This article analyses three distinctive features of automated decision-making that are difficult to reconcile with key doctrines of administrative law developed for a human-centric decision-making context. First, the complex, multi-faceted decision-making requirements arising from statutory interpretation and administrative law principles raise questions about the feasibility of designing automated systems to cohere with these expectations. Secondly, whilst the courts have emphasised a human mental process as a criterion of a valid decision, many automated decisions are made with limited or no human input. Thirdly, the new types of bias associated with opaque automated decision-making are not easily accommodated by the bias rule, or other relevant grounds of judicial review. This article, therefore, argues that doctrinal and regulatory evolution are both needed to address these disconnections and maintain the accountability and contestability of administrative decisions in the digital age.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42712826","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
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信