Australian Studies Commons^™

Supporting Comparative Studies Of Judicial Behavior: Introducing The Australian High Court Database, Patrick Leslie, Zoë Robinson, Russell Smyth, Tonja Jacobi

Faculty Articles

Comparative research on law and legal institutions depends on high-quality data infrastructure. This article introduces the Australian High Court Database—a new resource that encodes structured information on all full judgments of the High Court of Australia between 1995 and 2020, and all leave applications (Australia’s equivalent to petitions for certiorari) from 2003 to 2018. The database is built in accordance with core principles that support comparative research: it is adaptable, and comparable. By attending to jurisdictional specificity while adhering to general standards, the database supports both within-country analysis and cross-national comparison. We illustrate how the Australian High Court Database can …

Refugee Policy In Australia And New Zealand: An Approach For Resettling Environmentally Displaced Persons?, Sedina Sinanovic

Master's Theses

An increase in human mobility as a consequence of climate change induced slow-onset environmental degradation and sudden-onset natural disasters is expected to be a defining feature of the 21st century. Inexorably shifting the global migratory landscape, the United Nations High Commissioner for Refugees (UNHCR) approximates that roughly 250 million people will be forcefully displaced due to adverse climate impacts by 2050. While there is no international consensus on appropriately categorizing such people, this thesis refers to them as "environmentally-displaced persons" (EDPs). Since EDPs do not qualify for "refugee" status, they are not afforded access to assistance under the 1951 Convention …

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

My Dreaming - Boobera Lagoon - Gamilaroi Country, Phil Duncan, Thawun Birru, Gomeroi Nation

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

2 pages (includes color illustrations)

Incarcerating Indigenous People Of The Wongatha Lands In The Eastern Goldfields Of Western Australia : Indigenous Leaders’ Perspectives, Stephen J. Bedells

Theses: Doctorates and Masters

The Wongi

people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their …

Juries Reborn, Mark Findlay

Research Collection Yong Pung How School Of Law

In most states and territories in Australia the impact of the jury on criminal justice is being systematically and radically eroded by the expansion of summary jurisdiction.

Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

As much as it might be said that a nation is judged by the way it treats its most disadvantaged citizens, the reality of criminal justice is dependent on its relations with the vulnerable. On any measure Australian criminal justice is indicted by the overrepresentation of Aboriginal people in its domain.

Prisons As Progressive Punishment? The State Of Corrective Services, Mark Findlay

Research Collection Yong Pung How School Of Law

In the early days of his third term as Premier of New South Wales, Bob Carr challenged his government to move away from current law and order politics and to come up with a more progressive approach to punishment. Central to this would be a reconsideration of the place of the prison in criminal justice. Prisons, by their nature and the communities they house, suffer more acutely from the factors of social exclusion that characterise the underprivileged sectors of Australian society. Without the exacerbation of a custodial experience, these characteristics alone militate against the successful reintegration of prisoners back into …

Deborah Bird Rose's Review Of Trevor Graham's Mabo: Life Of An Island Man, Deborah Bird Rose

Pacific Studies

No abstract provided.

International Rights And Australian Adaptations: Recent Developments In Criminal Investigation, Mark Findlay

Research Collection Yong Pung How School Of Law

To empower the "right to be presumed innocent until proven guilty according to law", Article 14 of the International Covenant on Civil and Political Rights identifies a range of "minimum guarantees" for suspects under investigation and for the accused at trial. Significant among these is that the suspect/accused is "not to be compelled to testify against himself or to confess guilt".

Vol. 15 No. 3 (1992): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 15, No 3 Edition of the Pacific Studies Journal

Vol. 15 No. 3 (1992): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Contributors: Vol 15 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 15 (1992): Pacific Studies Full Issue 3

Deborah Bird Rose's Review Of Marc Gumbert's Neither Justice Nor Reason: A Legal And Anthropological Analysis Of Aboriginal Land Rights, Deborah Bird Rose

Pacific Studies

No abstract provided.

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.

Michael C. Howard's Review Of Nicolas Peterson's Aboriginal Land Rights: A Handbook, Michael C. Howard

Pacific Studies

No abstract provided.

Kay Saunders' Review Of Andrew C. Theophaneous' Australian Democracy In Crisis: A New Theoretical Introduction To Australian Politics, Kay Saunders

Pacific Studies

No abstract provided.

S. R. Davis' Review Of Bruce W. Hodgins, Don Wright, And W. H. Heick's Federalism In Canada And Australia: The Early Years, S. R. Davis

Pacific Studies

No abstract provided.