In Semester 1, 2020 seminars will be organised and hosted by Scott Stephenson and Inbar Levy.
The seminars are held weekly on Mondays during semester from 1.10pm - 2.00pm in either Room 920 or 221, Level 9 - Melbourne Law School.
A light refreshment will be provided from 1:00pm by Asylum Seeker Resource Centre Catering.
The presenter will speak for about 30 minutes, followed by time for questions.
2020 Semester 1 Program
9 March 2020 - Dr Jarrod Hepburn with Professor Margaret Young as discussant
Title - Denial of Access to International Adjudication as Denial of Justice?
Abstract - There is a well-established rule of customary international law prohibiting ‘denial of justice’. One situation in which denial of justice arises is when states prevent foreigners from accessing domestic courts to bring claims. However, the former President of the International Court of Justice, Stephen Schwebel, has argued that a new extension of denial of justice has developed in customary international law. Under this extension of the rule, denial of justice would also arise when states deny access to international courts or tribunals. In one recent case, an international tribunal relied on Schwebel’s argument to find that Lesotho had committed a denial of justice when it participated in shuttering the Southern African Development Community Tribunal, terminating even pending claims in that forum. However, this paper argues that there is insufficient state practice to support Schwebel’s view, and that the cases and literature on which he relied do not assist his argument.
Jarrod's paper is now available online.
20 April 2020 - Associate Professor Ying Liew with Professor Matthew Harding as discussant
Title - Justifying Anglo-American Trusts Law
Abstract - This paper attempts to justify trusts law — that is, express, constructive, and resulting trusts — in Anglo-American law. Situating trusts law within the liberal tradition of political morality, it suggests that trusts law is justified because it enhances personal autonomy.
Ying's paper is now available online.
27 April 2020 - Professor Kirsty Gover, Professor Michelle Foster, and Timothy Goodwin
Title - Panel on Love v Commonwealth
Abstract - Michelle Foster, Tim Goodwin and Kirsty Gover will discuss aspects and the implications of the High Court's decision in Love v Commonwealth; Thoms v Commonwealth, which held that 'Aboriginal Australians (understood according to the tripartite test in Mabo [No 2]) are not within the reach of the "aliens" power conferred by s 51(xix) of the Constitution' ().
4 May 2020 - Professor Katy Barnett with Professor Jeremy Gans as discussant
Title - Animal Trials: An historical discussion of trials of domestic animals from Ancient to Early Modern times
Abstract - The legal response to domestic animals which kill or harm humans reveals a lot about the human psyche, about the ways in which cultures and beliefs influence our laws, about the reasons we punish, and about the way in which we see ourselves in relation to animals. In this paper, I discuss historical trials of domestic animals from ancient to early modern times. These trials discloses that we have never been sure how to treat domestic animals who kill or harm humans. Historically, sometimes legal systems have blamed the owner; sometimes they have blamed the animal itself; and sometimes they have blamed both. Sometimes animals are treated as equivalent to humans, and given full human trials; sometimes animals are treated as property. Sometimes they occupy a strange position in between.
11 May 2020 - Associate Professor Alysia Blackham with Professor Beth Gaze as discussant
Title - Age discrimination in a pandemic: COVID-19 and inequality at work
Abstract - Associate Professor Alysia Blackham and Professor Beth Gaze will discuss how many Australians are facing potential unemployment, but the reality is some people are more likely to face discrimination and inequality in the workplace during COVID-19.
Please find Blackham’s paper here.
18 May 2020 - Hon. Marilyn Warren AC with Professor Shireen Morris as discussant
Title - An Overview of the Impact of the Human Rights Charter in Victoria and its Prospective National Influence
Abstract - Hon Marilyn Warren and Professor Shireen Morris will discuss the Impact of the Human Rights Charter in Victoria and its Prospective National Influence.
25 May 2020 - Associate Professor Jianlin Chen with Professor Jenny Morgan as discussant
Title - The Secret Sexual Offence: A Comprehensive Survey of the (Mis) Information of Fraudulent Sex Criminalization in Australian Universities.
Abstract - As part of measures designed to tackle the problem of sexual assault on campus, most Australian universities have websites that educate the university community on what is sexual consent and/or sexual assault. Many Australian universities have also enacted specific policies to deal with sexual assault, among other sexual misconduct. This Article surveys all the relevant websites and policies of all 42 universities in Australia to examine the extent to which they accurately present the law relating to fraudulent sex (i.e., the obtaining of sexual acts through deception/lies).
Please find Chen’s paper here.