Faculty Research Seminar Series

Semester 1 Program

• 27 February 2023 - Ajay Mehrotra

  The VAT Laggard: A Comparative History of US Resistance to the Value Added Tax
  Discussant: Kathryn James
  Venue: Room 920

  Abstract
  Why is the United States the only advanced, industrialized country without a broad-based, national consumption tax such as a VAT or GST?  And what does the absence of such a levy tell us about the peculiar historical development of the modern American fiscal and social welfare state?  This project explores these research questions from a historical and comparative perspective by investigating three key periods in U.S. and global history when many other modern nation-states – including Canada, Australia, and Japan – began to experiment with national consumption taxes, but the United States continued to reject such levies.

• 6 March 2023 - Tatiana Cutts

  Artificial Justice
  Discussant: Lulu Weiss 
  Venue: Room 920

  Abstract
  Tatiana will be talking about her book Artificial Justice (forthcoming with OUP), manuscript due at the end of March. In the book, she unpacks the different sorts of reasons that we might draw upon when we object to policies of decision-making on the grounds of “algorithmic injustice”. Tatiana argues that these reasons extend beyond equality and other comparative considerations, and cannot be addressed by eliminating unacceptable differences between people. Importantly, they encompass the value of individual choice – of having meaningful opportunities to avoid significant burdens by making appropriate choices, and of giving people the benefit of the doubt about their ability to choose well.

• 20 March 2023 - Kristen Rundle and Karen Dunwoodie

  Reflections on a 'study tour': Israel and the Palestinian Territories, January 2023
  Venue: Room 920

  Abstract
  In this Faculty Research Seminar, Professor Kristen Rundle (MLS) and Dr Karen Dunwoodie (Deakin) will discuss their recent experience as participants in a 9-day organised academic 'study tour' of Israel and the Palestinian Territories. To prompt thinking around the idea of a 'study tour' per se, and one in relation to Israel and the Palestinian Territories in particular, Kristen and Karen will reflect on such questions as what and who they were 'studying', who decided what they were 'studying', and how they were 'studying'.

• 27 March 2023 - Lauren Nishimura

  Climate Change, Human Rights, and Adaptive Mobility
  Discussant:  Margaret Young
  Venue: Room 317

  Abstract
  Predictions that climate change will contribute to vast human movement are generating significant attention from scholars, policymakers, and practitioners. Much of this focuses on forced movement and envisions protections that rely on a category of migrant or provide legal status only after people have moved. Lauren’s research aims to offer a new approach. She will argue that obligations related to adaptation in the climate regime require States to enable ‘adaptive mobility’: an anticipatory, proactive approach rooted in human rights that can help avoid forced, precarious migration. To accomplish this, she uses case studies and the tools of treaty interpretation. Her presentation will focus on the latter and draws on her book manuscript, which is not yet ready to circulate.

• 3 April 2023 - Tom Daly, Matthew Harding, Heather Douglas, Olivia Barr

  Law's Impact: Reimagining Research Impact & Influence at MLS
  Venue: Room 920

  Abstract
  This Faculty Research Seminar will focus on Law’s Impact, which is the Law School’s initiative across 2023 to collectively reimagine what research impact means for the School and for law as a discipline. Bearing in mind the diversity of experience and expertise in this area across the School, the aim is to more fully recognise the leading impact work already carried out at MLS and to initiate a fuller conversation on what impact means to the University of Melbourne and external actors (e.g. ARC), what it means for cross-disciplinary research, and to identify the supports needed to achieve impact. Tom will outline his work as Research Impact Lead (RIL), representing the School on the University's Research Impact Forum (RIF), as well as drawing insights from panellists Professor Matthew Harding (Dean, MLS), Professor Heather Douglas (MLS) and Associate Professor Olivia Barr (MLS). Tom will also set out 4 key measures in 2023 to build research impact recognition, literacy and capacity: a workshop series; ‘knowledge hub’; enhanced supports; and fuller communication and feedback channels. This will be conducted as a semi-structured conversation: throughout the session, attendees will be welcome to raise questions and comments.

• 17 April 2023 - Shaun McVeigh

  Supervision in the MLS graduate research programme
  Venue: Room 920

  Abstract
  Professor Shaun McVeigh, Director (Graduate Research), will facilitate a panel of speakers on the conduct of supervision in the MLS graduate research programme.

• 24 April 2023 - Rebekkah Markey-Towler

  The intersection of climate, banking and financial law
  Discussant: Dr Arjuna Dibley (Research Fellow, Melbourne Climate Futures)
  Venue: Room 317

  Abstract
  While climate change law and banking and finance law are separately two well-developed fields, they have remained relatively siloed over time. But as climate change has growing implications for banking and finance generally, and for mortgages in particular, research is needed to bring these two fields together. This paper therefore reviews the nascent body of literature developing at the intersection climate, banking and finance law. Topics discussed include the adaptation of corporate and financial tools to manage climate risks, the role of the private sector and central banks and financial regulators in addressing climate change, and climate litigation.

• 1 May 2023 - Cheryl Saunders, Anna Dziedzic, Jayani Nadarajalingam, Tom Daly

  An introduction to the Constitution Transformation Network: Constitution-making and governance in a globalised world
  Venue: Room 920

  Abstract
  The Constitution Transformation Network, established in 2016, has become an internationally recognised centre for expert advice, research and practice on constitutional governance and constitution making. CTN has completed externally funded research projects and consultancies on issues including the relationship between peace agreements and constitution making; the role of external advisers in constitution building; the practical management of the work of constitution-making bodies; gender and constitutions; and decentralisation. The speakers, who are all convenors of CTN, will outline the work of CTN, focussing on how our externally funded research projects and partnerships have generated significant scholarly contributions and developed new and productive methodologies for comparative constitutional law and practical engagement.

• 8 May 2023 - Lulu Weis

  Excise and Victoria's low-emission vehicle tax: Vanderstock in the High Court
  Venue: Room 920

  Abstract
  In this seminar, Lulu will lead an informal discussion of Vanderstock v Victoria, a case that was recently heard by the High Court and that has been reserved for judgment. Vanderstock involves a constitutional challenge to the Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) (‘ZLEV Act’), on the basis that the road-user charge that the Act imposes constitutes a duty of excise within the meaning of s 90 of the Constitution and is therefore invalid. The case brings together topical social policy questions about responsibility for carbon emissions reduction with fiscal federalism, and raises significant issues of constitutional interpretation and interpretive method. Lulu will provide some general information about the case, and offer reflections about the proceedings in the High Court.

• 15 May 2023 - Matthew Harding and Jane Norton

  Charities and Politics: Where did we go wrong?
  Venue: Room 920

  Abstract
  This paper examines a long-standing doctrine in charities law – that if an organisation’s main purpose is political then it cannot be charitable. This doctrine is not without controversy because it has the potential to exclude many worthwhile organisations from charitable status, and fetter worthwhile advocacy by those that do have status. While no jurisdiction remains unwaveringly committed to the orthodox rule, we argue that none so far have confronted the public benefit – and detriment – of political advocacy adequately. They have either obscured the value/s underpinning the concept of benefit or ignored potential harm. This then leaves the question of whether the value of political advocacy should be dealt with at the judicial level or through legislation. The paper has not concluded on this point (yet).

• 22 May 2023 - David Wood

  Voluntary Assisted Dying: Eligibility Criteria
  Discussant: Casey Haining (Queensland University of Technology & University of Melbourne) 
  Venue: Room 920

  Abstract
  There are, what will be called here, dying- or terminal illness-based assisted dying eligibility regimes (American jurisdictions, Baroness Meacher’s House of Lords Bill). There are, what will be called here, suffering-based assisted dying eligibility regimes (Benelux jurisdictions). And there are combined dying or terminal illness and suffering-based assisted dying regimes (Australian jurisdictions, Canada, New Zealand). But there are no alternative dying or terminal illness-, or suffering-based assisted dying regimes. The paper asks: why not? The ACT is currently considering introducing assisted dying legislation. It has the chance to get right what all other jurisdictions to date have got wrong.