Collins on 'Effects of Professional Compromise on Higher Education Employees'

Professor Pauline Collins of the USQ School of Law and Justice has co-written a new article titled 'Effects of Professional Compromise on Higher Education Employees'.  The article, written with Erich Fein, Natalia Sadykova, Lisa Beccaria, Steven Goh and Kate Kauter, appears in Volume 6(3) of the International Journal of Innovative Science and Research Technology.  Here is the abstract:

"Health outcomes are associated with many work stressors in higher education staff. However, the professional compromise stressor, occurring when an individual’s professional standards conflict with workplace requirements, has not been studied in the higher education context. This pilot study contributes to the understanding of professional compromise among higher education employees and its impact on their well-being. Hair cortisol of university staff was measured across two time points in an academic semester. The study found that cortisol level was associated with role clarity, work demands, and perceived stress. Furthermore, after controlling for perceived stress, professional compromise at the beginning of semester was a significant predictor of hair cortisol at the end of semester. This pilot study is the first to establish an effect between professional compromise and cortisol concentrations and the first to investigate cortisol as a stress biomarker in higher education staff. The cortisol levels are discussed relative to chronic stress. The implications for higher education managers, indicate professional compromise is a factor university must understand in attending to workplace wellness. Future directions for further research are outlined."

Hemming asks 'Do Juries Understand the Criminal Standard of Proof Beyond Reasonable Doubt?’

 Associate Professor Andrew Hemming of the USQ School of Law and Justice has published a new article titled 'Do Juries Understand the Criminal Standard of Proof Beyond Reasonable Doubt?'  The article appears in Volume 30(3) of the Journal of Judicial Administration.  Here is the abstract:

"In Green v The Queen and La Fontaine v The Queen, the High Court stated that it is both unnecessary and unwise for a trial judge to seek to explain to the jury the meaning of ‘beyond reasonable doubt’, on the ground that the phrase is well understood in the community. This view is not shared in other countries with a common law tradition such as England & Wales, Canada, New Zealand and the United States. This article respectfully disagrees with the High Court’s position, most recently affirmed in The Queen v Dookheea, and argues that Victoria has taken the appropriate course in enacting sections 63-64 of the Jury Directions Act 2015 (Vic). Section 63 sets out the circumstances when the trial judge may explain ‘proof beyond reasonable doubt’, and s 64 deals with the situation as to how the explanation may be given in response to jury question. However, it is contended that both s 63 and s 64 can be improved by removing the requirement that an explanation of the phrase ‘proof beyond reasonable doubt’ may only occur in response to a direct or indirect jury question. The argument will be developed in the context of a number of sexual assault cases where the guilty verdicts have been overturned on appeal, such as Tyrell v The Queen, IW v The Queen, JN v The Queen, Xu v The Queen, and Pell v The Queen."

Young on 'Transparent triage policies during the COVID-19 pandemic: a critical part of medico-legal risk management for clinicians’

 Professor Simon Young of the USQ School of Law and Justice has co-written an important new article titled 'Transparent triage policies during the COVID-19 pandemic: a critical part of medico-legal risk management for clinicians’.  The article, co-written with Eliana Close, Lindy Willmott, Tina Cockburn, Will Cairns, and Ben White, appears in Volume 215(2) of the Medical Journal of Australia. 

Olwan on 'Intellectual Property Management for Small and Medium-Sized Enterprises in the United Arab Emirates'

 Dr Rami Olwan, a Lecturer in the USQ School of Law and Justice, has published a new article titled 'Intellectual Property Management for Small and Medium-Sized Enterprises in the United Arab Emirates'.  The article appears in Volume 16(3) of the Journal of Intellectual Property Law & Practice.

Timoshanko on 'Is the UN Committee on the Rights of the Child Doing Enough to Protect the Rights of LGBT Children and Children with Same-Sex Parents?’

 Dr Aaron Timoshanko, a Lecturer in the USQ School of Law and Justice, has co-written (with Paula Gerber) a new article titled 'Is the UN Committee on the Rights of the Child Doing Enough to Protect the Rights of LGBT Children and Children with Same-Sex Parents?’  The article appears in the 2021 issue of the Human Rights Law Review.  Here is the abstract:

"Children often face discrimination, bullying and even violence because of their sexual orientation or gender identity, as do children raised by parents who are lesbian, gay, bisexual or transgender (LGBT). This article considers what the UN Committee on the Rights of the Child is doing to protect the rights of LGBT children and children with LGBT parents. To make such an assessment, this article critically analyses the Committee’s Concluding Observations over a 10-year period, its General Comments and its Views on Individual Communications. The conclusion reached is that while the Committee has made encouraging progress in recent years when it comes to addressing LGBT related issues, there is still room for improvement in the way the Committee seeks to protect children from discrimination on the basis of sexual orientation and gender identity."

Mortensen on ‘Brexit and Private International Law in the Commonwealth’

 Professor Reid Mortensen of the USQ School of Law and Justice has published a new article titled 'Brexit and Private International Law in the Commonwealth'.  The article appears in Volume 17(1) of the Journal of Private International Law.  Here is the abstract:

"Brexit is a trading and commercial opportunity for the countries of the Commonwealth, as it makes it likely that, for many, their access to United Kingdom (UK) markets will improve significantly. The question addressed in this article is whether, to support more open and trading relationships, Brexit also presents opportunities for the development of the private international law of Commonwealth countries – including the UK.Focusing on Australia, Canada, New Zealand and Singapore, as well as the UK, an account is given of the relationship between the different systems of private international law in these Commonwealth countries in the period of the UK’s membership of the European Union (EU). Accordingly, consideration is given to the Europeanisation of UK private international law and its resistance in other parts of the Commonwealth. The continuing lead that English adjudication has given to private international law in the Commonwealth and, yet, the greater fragmentation of that law while the UK was in the EU are also discussed. The conclusion considers the need to improve the cross-border enforcement of judgments within the Commonwealth, and the example given in that respect by its federations and the trans-Tasman market. Possible directions that the cross-border enforcement of judgments could take in the Commonwealth are explored."

McNamara on "Law and Ethics for Australian Teachers"

 Associate Professor Noeleen McNamara of the USQ School of Law and Justice has co-authored a new book, Law and Ethics for Australian Teachers.  Written with Mark Butlin and Kerrie Anglin, the book is published by Cambridge University Press.  Here is the publisher's description:

"Getting to grips with law and policy can be daunting for beginning and established teachers alike. Law and Ethics for Australian Teachers provides an overview of the professional, legal and ethical issues teachers may encounter in the classroom and the broader school environment. This book breaks down the relevant case law, as well as state and territory legislation and policy, in an accessible way to help readers navigate these complex issues. It covers topics including duty of care and mandatory reporting, work health and safety issues, family court orders and parenting plans, suspensions and exclusions, and criminal law issues. Each chapter features case studies, definitions of key terms, detailed scenarios and end-of-chapter questions to help readers understand a wide range of professional issues. Written by a team of authors with both teaching and legal expertise, Law and Ethics for Australian Teachers is an essential resource for pre- and in-service teachers."