Publications, colloquia, and more at the University of Southern Queensland School of Law and Justice.
Sunday, July 28, 2019
Colloquium: "Freedom of Religion: Challenges and Possibilities" [CALL FOR PAPERS]
CALL FOR PAPERS
FREEDOM OF RELIGION: CHALLENGES AND POSSIBILITIES
The proper scope of religious freedom continues to be an issue that vexes lawmakers, the public, and faith communities around the world. Is there too much or too little room for the free practice of religion? How should freedom of religion be balanced against other rights? Is the law keeping up with changes in society?
Against the backdrop of controversies like same-sex marriage, the Ruddock Report, and the high-profile religious discrimination claim of Israel Folau, an opportunity arises to re-evaluate the fundamental right of religious freedom in Australian and beyond.
The Colloquium
The USQ School of Law and Justice together with the Law, Religion, and Heritage Research Program Team are hosting a scholarly colloquium on the scope, value, and status of religious freedom in Australia and beyond.
Date: 22 November 2019
Venue: USQ Toowoomba Campus, Q501/2
Invitation
Academics and students from any discipline are invited to present their scholarly research on the colloquium's theme. Contributors should expect to present for about 20 minutes with time for questions afterwards.
Queries
RSVP to Dr Jeremy Patrick with a title and 100-word precis via e-mail to jeremy.patrick@usq.edu.au by 31 August 2019.
Sunday, July 21, 2019
Hemming on Common Law Forfeiture
USQ School of Law and Justice Senior Lecturer Dr. Andrew Hemming recently submitted a paper to the South Australian Law Reform Institute for its review of common law forfeiture. The full text of the paper can be found on USQ ePrints, here.
Monday, May 20, 2019
Gray on "Internment of Terrorist Suspects and the Australian Constitution"
Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 93(4) of the Australian Law Journal. The article is titled "Internment of Terrorist Suspects and the Australian Constitution". Here is the abstract:"This article considers constitutional questions that arise in relation to recent calls for internment in Australia with respect to those suspected of engagement in terrorism activity. Internment has been practised in the past in Australia with respect to war or warlike conditions, though the extent to which Australia is currently “at war” is of course highly contested. Laws in various Australian States, and at federal level, also currently contemplate preventive detention, though this is in the context of individuals who have already been convicted and sentenced for crime. As such, the current proposal differs significantly from preventive detention as currently practised in Australia. The article considers whether the Commonwealth’s defence power would likely support such a scheme, whether it would be valid if the power were reposed in a member of the Executive, and whether it would be valid if reposed in a court. As a result, it considers whether such schemes are punitive in nature, and the essential character of such a power. The article is focused on the constitutionality of such a scheme, rather than its merits as public policy."
Tuesday, May 14, 2019
Collins Co-edits and Contributes to a New Book on Place and Conflict
Professor Pauline Collins of the USQ School of Law and Justice has recently co-edited and contributed to a new collection of essays titled: The Nexus among Place, Conflict, and Communication in a Globalising World. Published by Palgrave MacMillan, the book is summarised as follows:"The world abounds with conflicts and the associated communication practices and technologies that perpetuate and contest conflict as it occurs in place. All conflicts are crucially connected with place, and all conflicts are communicated in multiple ways. This book explores the complex nexus among place, conflict and communication and brings together 11 investigations around the interplay of place, conflict and communication. The interdisciplinary focus includes education, history, international relations, law and sociology. The chapters are geographically diverse, traversing Aceh in Indonesia, Australia, England, Finland, Ireland, Singapore, South Africa and Zimbabwe. The book highlights the possibilities for reimagining the future so that more democratic and peaceful understandings of place can lead to fewer conflicts and less conflict-based communication. Better futures are possible only if place is replotted, conflict is reconceptualised and communication is recontextualised from new, varied and more inclusive perspectives with a vision to creating a more harmonious world."
Monday, May 13, 2019
Programme for "The Past is Prologue: The Impact of Law's History" Colloquium
The Past is Prologue: The Impact of Law’s History
University of Southern Queensland
16 May 2019
8:30–8:40am Registration
8:40am Welcome by Professor Reid Mortensen
8:45–10:15am Session One : Law and the Constitution
Legal Pluralism in Magna Carta: Implications for the Present Australian Constitution and the Uluru Statement from the Heart
Jason Taliadoros, Deakin University
‘Christian Capitalism’ and the Constitution Act 1867 (Qld)
Julie Copley, USQ
The Impact of Identity Politics on the Rule Of Law in Australia: The Constitution’s External Affairs Power and the Commonwealth’s Expanding Legislative Potential
Joshua Anderson, Notre Dame
Chair: Marcus Harmes
10:30–11am Morning tea
11–11:45am Address
The Hon Michael Kirby AC CMG: The Strange and Tragic Death of Legal
History in Australian Law Schools
Chair: Reid Mortensen
11:45am–12:45pm Session Two: Law and Money
A Conspiracy of Paper? William Paterson and the Mysterious Origins of Banking and Company Law
John Farrar, Bond University
Historical insights into the marketing of professional legal services
Keith Thompson, Notre Dame
Chair: Sarah McKibbin
12:45–1:30pm Break for Lunch
1:30–3:00pm Session Three: Law and Rights
From Nicklin to Now: Prologue to Human Rights Legislation in Queensland
Nicky Jones, USQ
Brook v Brook: Marriage and Choice of Law
Sarah McKibbin, USQ
Ultra Vires in Van Diemen’s Land, 1826-1828?
Rosemary Lucadou-Wells
Chair: Jeremy Patrick
3–3:30pm Break for Afternoon tea
3:30–4:00pm Final Session: Medieval Law
The History of Bills of Privilege in the Court of King's Bench
Susanne Brand, Oxford
Chair: Reid Mortensen
4–5pm Keynote address
Married Women in the English Medieval Royal Courts: Women Under the Control of Their Husbands or Women with Minds and Wills of Their Own?
Professor Paul Brand, Oxford
Chair: Reid Mortensen
Hemming on Prisons in Halsbury's Laws of Australia
Dr. Andrew Hemming, a Senior Lecturer in the USQ School of Law and Justice, has contributed another entry in Halsbury's Law of Australia: Title No 335 Prisons [335 – 1]–[335 – 1645], LexisNexis Australia,
Published 11 February 2019, 247pp.
Monday, March 4, 2019
Colloquium: "The Past is Prologue: The Impact of Law's History"
CALL FOR PAPERS
16 May 2019 | Q501/2, Toowoomba Campus | USQ
Legal rules, decisions, institutions, and individual actors have had an enormous impact on our cultures and societies today. Please join renowned Oxford University historian Professor Paul Brand and the Honourable Michael Kirby AC CMG in a special colloquium titled The Past is Prologue: The Impact of Law’s History. We are inviting papers that consider how legal history in Aboriginal, British, Australian, American or wider contexts have shaped our shared present.
Keynote Speakers
Professor Paul Brand is a scholar of international standing in legal history. He is Professor of English Legal History in the Faculty of Law at the University of Oxford. Professor Brand’s global research impact has been immense. Since 1975 he has published or edited 17 books, 46 book chapters, 21 journal articles, and numerous reviews. From 2012 he was one of the lead investigators of the major three-year AHRC (UK equivalent of the ARC) Magna Carta project.
The Honourable Michael Kirby AC CMG is an internationally-known jurist and educator. He served as a Justice on the High Court of Australia from 1996-2009. In addition to his many activities for the United Nations, he is actively engaged in international arbitrations, domestic mediations, and law teaching. In 1990 he was awarded the Australian Human Rights Medal. His passion for legal history has informed his written judgments and advocacy of curriculum changes in Australian legal education.
Invitation
Academics across law, the humanities and social sciences are invited to give scholarly presentations at this colloquium. These may be on any topic broadly related to legal history.
Venue
The Colloquium will be held on the USQ Toowoomba campus in Q501/2. Refreshments will be served throughout the event.
What is required?
Contributors should prepare an oral presentation of approximately 20 minutes. This presentation may be supported by a written paper or represent work-in-progress. The organisers of the colloquium may ask interested participants if they would like to later publish their papers in a joint format.
Are you interested in contributing?
Please register your interest in presenting at this Colloquium by contacting Associate Professor Marcus Harmes (Marcus.Harmes@usq.edu.au). You are asked to identify the title of your contribution (with a 100 word précis) by 22 March 2019.
If you are interested in attending, but without delivering a paper, please RSVP with <law@usq.edu.au>.
Hosted by the Law, Religion, and Heritage Research Program Teamand the Centre for Heritage and Culture
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