PhD Public Seminars

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The Law and Justice Research Centre invites you to learn about some of the cutting edge research being undertaken by the Faculty's full time Doctoral students.  Relevant and challenging thesis topics presented will demonstrate the Faculty's commitment to the study and development of expertise in these real world issues. 

We would particularly encourage the attendance of undergraduate Law students nearing completion of their Bachelors degrees, who may consider the option of Faculty Higher Degree Research awards, which are funded by the Research Training Scheme. 

Previous seminars can be listened to via the link to audio or viewed via the link to the PDF file found below speaker information.

Forthcoming Seminars

The PhD Seminar Series for 2007 is now complete, further seminars will be scheduled for Semester 1 2008, dates to be announced.

Previous Seminars

10 October 2007

Malcolm Smith

PhD Topic: Inconsistency and uncertainty for saviour sibling and fertility laws: time for a uniformed approach?

Abstract:

Scientific discoveries, developments in medicine and health issues are the constant focus of media attention and the principles surrounding the creation of so called ‘saviour siblings’ are of no exception. The term saviour sibling is relatively new and has been defined as ‘a child who is born with genetic characteristics specifically designed to treat the illness of an existing brother or sister’. Advances in the practice of assisted reproductive technology (ART) have enabled fertility clinics offering in vitro fertilisation techniques, to screen embryos created in treatment cycles. This enables them to determine whether a particular embryo would go on to develop as a child with compatible tissue to an existing ill-sibling. Once the child is born, the blood stem cells from the umbilical cord or bone marrow from the child could potentially cure the existing ill-sibling following a successful transplantation.

The current regulation of ART in Australia is complex. Only three jurisdictions have enacted legislation to deal with the issues, and the remaining jurisdictions rely on guidelines issued by the National Health and Medical Research Council and the Fertility Society of Australia. This has resulted in some inconsistencies in the way the regulation operates in Australia, and in particular, some limitation on the creation of so called ‘saviour siblings’.

The thesis plans to examine the regulation in Australia and the United Kingdom and to establish whether the law should permit access to IVF services for those seeking to create tissue matched children as a cure for an existing ill-child. This inevitably requires an analysis of both the legal regime, and the social and ethical considerations which arise when using IVF procedures for such purposes.

PDF Presentation

Sarah Bitomsky

PhD Topic: A comparative analysis of Wrongful Life Actions: There is a place for Wrongful Life Actions within conventional principles of negligence

Abstract:

Wrongful life actions involve claims by disabled children against medical professionals for alleged negligence before or after their conception. These claims primarily concern instances where the doctor has failed to advise the parent of the possibility that their child may be born with a severe disability, has failed to advise the parent of any relevant genetic tests that can be performed, or has negligently performed any of the relevant genetic tests. Had the parents been properly advised, and /or the relevant genetic tests been carried out, they would have chosen to either terminate the pregnancy, or not conceive the child.

At present, most jurisdictions, including Australia, do not recognise claims for wrongful life. A limited number of jurisdictions (including France, Israel and three American states) have awarded damages in wrongful life cases. This thesis will compare and analyse the current law and literature from Australia, the UK, USA, France and Israel, and argue that wrongful life claims do fit within the conventional principles of negligence.

12 September 2007

Rob Robertson

PhD Topic: Criminal desistance: Could long-term desisters mentor ‘new’ desisters?

Abstract:

Released offenders are routinely prohibited or discouraged from contact with other ex-offenders in the community. This prohibition is rooted firmly in research that suggests the avoidance of criminogenic social networks is one of the keys to successful desistance from criminal behaviour. But does this governance practice ignore a potential wealth of adaptive social capital that resides within the successful desister population? My own PhD research (in progress) with successful desisters indicates that other long-term desisters can act as significant mentors in the life course development and the desistance efforts of newly released offenders. Baldry, et al (2003, i) estimated that around 44,000 offenders were released from Australian prisons in 2003. This ‘re-entry quantum’ in Australia is likely to be close to 50,000 persons in 2007. If one-third of those are successful desisters (given a universally accepted general recidivism figure of 60 percent), then, each year, Australia is arguably ignoring the desistance expertise of some 16,500 persons. If the same socially reintegrative knowledge base is also being ignored in other jurisdictions, then the western world is failing to draw on a significant bank of social capital in its efforts to curb criminal recidivism. Is it time that we envisaged reintegrative mentoring schemes that would deliberately tap the accumulated desistance expertise residing within this very large group of long-term desisters?

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29 August 2007

Matthew Ball

PhD Topic: Constructing the Legal Identity: Governmentality in Australian Legal Education

Abstract:

It has been argued within the legal education literature that few of the students that enter legal education with the hopes to pursue socially idealistic aims (such as fighting for social justice, or addressing social disadvantage) go on to actually pursue these aims in legal practice. The narrative that seeks to explain this shift in the graduates working legal identity is the critical legal perspective. This posits that a students ideals are repressed through ideological indoctrination and learning experiences which create passive receptacles into which legal professional ideology can be deposited.
 
By utilising the work of the French philosopher Michel Foucault on power and governance, this research seeks to move beyond the problematic and unexamined assumptions that underpin this critical narrative.  It does so by asking how is the legal identity constructed and problematised within the discursive field of Australian legal education as a site of governmental intervention and how are law students encouraged to construct their own legal identities?
 
This presentation will outline the preliminary results of this research project.  It will discuss the construction and problematisation of certain elements of a law students legal identity (such as their political consciousness, moral and ethical value framework, or legal skills abilities) as objects requiring governance.  It will also briefly examine the sites from which the law student is enjoined to give shape to and manage this legal identity in particular ways.

PDF Presentation

1 August 2007

Rowena Maguire

PhD Topic: Sustainability and Forests: Law, Institutions and Principles

Abstract:

Sustainable forest management is the concept internationally recognised as the long term goal for forest management. Achieving sustainable forest management requires equal recognition and protection of all forest values. The three main values associated with forest use and management are: environmental and ecological values; social and cultural values and economic and development values.  Each value attributed to forest areas has the potential to conflict with other values attributed to forest areas.  In many instances economic and development values associated with forest areas will be given priority over other forest values and services.  Slowly, worldwide this is changing as the concept of sustainable forest management and equal recognition of all forest values is adopted by legal regulatory frameworks.   In Australia the task of balancing competing forest values areas falls to a wide range of the private and public institutions. Each institution is responsible for managing and regulating a specific forest value (for example conservation).  This fragmentation of responsibility for forest use and management has led to differing legal rules, standards, codes and policies for different forest areas.  Forest regulation is broken down by three classifications.  The tenure of the forest area, is the forest on public or private land?  The type of forest, is the forest native or plantation forest? The jurisdiction of the forest area, is the forest area under federal or state control?  This fragmentation has created a governance issue which needs to be addressed.  This thesis will explore opportunities for integration of forest regulation and create a legal framework which incorporates the elements of sustainable forest management into a integrated regulatory framework.

Justine Bell

PhD Topic: An integrated approach to natural resource management: how can the land title register be used to facilitate environmental sustainability

Abstract:

The Torrens system of land registration was introduced in 1858 to provide land-holders with a comprehensive and reliable source of land information. However, in recent years environmental sustainability has become a major issue in government decision-making, and the primary response has been the ad-hoc enactment of legislation which imposes restrictions and obligations upon landowners. A consequence of such legislation has been a serious decline in the efficiency of the Torrens system, as a number of additional searches must be undertaken to gain an accurate picture of interests affecting a parcel of land.

Additionally, the ad-hoc nature of environmental legislation combined with the absence of a central register for environmental interests results in fragmented decision-making regarding management of natural resources. It also creates an informational barrier for stakeholders seeking to obtain information regarding the environmental restrictions applicable to a parcel of land. The result is impaired management of natural resources.

The objective of this research is to consider whether the land title register can be used to facilitate sustainability through the registration of environmental restrictions and obligations. Such an approach would also restore the central pillars of the Torrens system, as the land title register would accurately reflect the range of interests affecting land.

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