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Edith Cowan University

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Full-Text Articles in Law

Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas Apr 2021

Perceptions Of Lgbtqi+ Diversity In The Legal Profession: "It's Happening Slow, But It's Certainly Happening", Aidan Ricciardo, Stephen Puttick, Shane Rogers, Natalie Skead, Stella Tarrant, Melville Thomas

ECU Publications Post 2013

This article reports on a qualitative study aimed at understanding how LGBTQI+ law students and recent graduates perceive and experience the legal profession. While we found that several participants self-censor in interactions with the profession, others considered their LGBTQI+ identity as advantageous, enabling them to benefit from ‘diversity hiring’. Despite this, many participants regarded the legal profession as ‘conservative’ and influenced by the ‘old guard’, which remains unaccepting of LGBTQI+ identities. Participants also considered the profession to be more accepting of some LGBTQI+ identities than others. We conclude by suggesting strategies to improve perceptions and experiences of the profession.


Sustainability And Waste Imports In China: Pollution Haven Or Resources Hunting, Bowen Li, Antonio Alleyne, Zhaoyong Zhang, Yifei Mu Jan 2021

Sustainability And Waste Imports In China: Pollution Haven Or Resources Hunting, Bowen Li, Antonio Alleyne, Zhaoyong Zhang, Yifei Mu

ECU Publications Post 2013

© 2021 by the authors. Licensee MDPI, Basel, Switzerland. Motivations behind a country’s importation of waste are categorized into the pollution haven hypothesis (PHH) and the resource hunting hypothesis (RHH). The importation of wastes can lead to environmental sustainability concerns, requiring governments to intervene when the market fails to reduce the negative externalities by strengthening and implementing environmental regulations. Motivated by China’s position within a rapidly growing but environmentally damaging sector of trade, this paper has three goals: (1) to classify the primary hypothesis that governs China’s flow of traded wastes; (2) to verify the heterogeneous impact of ...


Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan Apr 2020

Structuring The Debate About Research Ethics In The Psychology And Law Field: An International Perspective, Alfred Allan

ECU Publications Post 2013

Forensic psychologists’ role is well established, and they are rightly well regulated because their decisions and behaviour can have a significant impact on people’s rights and interests. Their ethical integrity, however, partly hinges on the psycholegal research products (data, methods and instruments) that they and others use. The ethical regulation of researchers who produce products and their research processes is, however, fragmented, limited and narrow and largely focuses on domestic research. Relatively few scholars have examined the regulation of psycholegal research or commented on the ethical implications of recent court decisions. The purpose of this paper is to start ...


Forensic Experts’ Perspectives On Australian Indigenous Sexual Offenders And Factors Important In Evaluating The Risk Of Recidivism, Alfred Allan, Cate L. Parry, Hilde Tubex, Caroline Spiranovic, Frank Morgan Jan 2020

Forensic Experts’ Perspectives On Australian Indigenous Sexual Offenders And Factors Important In Evaluating The Risk Of Recidivism, Alfred Allan, Cate L. Parry, Hilde Tubex, Caroline Spiranovic, Frank Morgan

ECU Publications Post 2013

Law and ethics require that risk assessment should be cross-culturally valid and fair, but Australian research in this regard is underdeveloped. A logical first step in progressing the work required to build a strong evidence base on culturally sensitive risk assessment in Australia is to determine the expert views of those in the field. We interviewed 13 Australian evaluators who assess Indigenous sexual offenders’ recidivism risk to determine their perceptions of the risk assessment instruments they use and the attributes they believe evaluators doing cross-cultural assessments should have. Our central findings are that evaluators use the available instruments because they ...


The Macroeconomic Factors Affecting Government Bond Yield In Indonesia, Malaysia, Thailand, And The Philippines, Benny Budiawan Tjandrasa, Hotlan Siagian, Ferry Jie Jan 2020

The Macroeconomic Factors Affecting Government Bond Yield In Indonesia, Malaysia, Thailand, And The Philippines, Benny Budiawan Tjandrasa, Hotlan Siagian, Ferry Jie

ECU Publications Post 2013

© The author(s) 2020. This publication is an open access article. © Benny Budiawan Tjandrasa, Hotlan Siagian, Ferry Jie, 2020 The government bond (GB) has become the most attractive investment portfolio option, even though many macroeconomic factors affect the bond yield. This paper aims to investigate the determining factor of local currency government bond yield by considering the inflation rate, credit default swap, stock market index, exchange rate, and volatility index. This study used 240 data panel from the Bloomberg stock market in the form of data panel covering Southeast developing countries, namely Indonesia, Thailand, Malaysia, and the Philippines, for five ...


The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet Jan 2020

The Influence Of The Chinese Government's Political Ideology In The Field Of Corporate Environmental Reporting, Hui Situ, Carol Tilt, Pi-Shen Seet

ECU Publications Post 2013

© 2020, Hui Situ, Carol Tilt, Pi-Shen Seet. Purpose: In a state capitalist country such as China, an important influence on company reporting is the government, which can influence company decision-making. The nature and impact of how the Chinese government uses its symbolic power to promote corporate environmental reporting (CER) have been under-studied, and therefore, this paper aims to address this gap in the literature by investigating the various strategies the Chinese government uses to influence CER and how political ideology plays a key role. Design/methodology/approach: This study uses discourse analysis to examine the annual reports and corporate social ...


The Mediating Effect Of Strategic Posture On Corporate Governance And Environmental Reporting, Abdalla Shwairef, Azlan Amran, Mohammad Iranmanesh, Noor Hazlina Ahmad May 2019

The Mediating Effect Of Strategic Posture On Corporate Governance And Environmental Reporting, Abdalla Shwairef, Azlan Amran, Mohammad Iranmanesh, Noor Hazlina Ahmad

ECU Publications Post 2013

The aim of this study is to explain how corporate governance affects environmental reporting through the mediating effect of strategic position. The data were collected from chief executive managers and chief financial managers of 197 large companies in Malaysia. The partial least squares technique was used to test the proposed relationships. The results show that managers’ strategic posture mediates the impact of four aspects of corporate governance, namely, board size, board independency, CSR committee presence, and institutional ownership on environmental reporting. These findings extend the literature on the relationship between corporate governance and environmental reporting by providing insight into the ...


A Note On Science, Legal Research And Artificial Intelligence, Sean Goltz, Giulia Dondoli Jan 2019

A Note On Science, Legal Research And Artificial Intelligence, Sean Goltz, Giulia Dondoli

ECU Publications Post 2013

This paper discusses the principles of scientific research and in turn review legal research that was done using Artificial Intelligence arguing that it is the tools (Artificial Intelligence) that take center stage while the meaning (legal research) is left back stage. In turn, this kind of research does not adhere to the fundamentals of scientific research nor comply with scientific and industry ethical codes.


A Corrective Justice Justification For Considering The Response Of The Hypothetical Person Of An “Ordinary Level Of Susceptibility” When Assessing Reasonable Foreseeability In Cases Involving Negligently Inflicted Psychiatric Injury, Martin Allcock Jan 2019

A Corrective Justice Justification For Considering The Response Of The Hypothetical Person Of An “Ordinary Level Of Susceptibility” When Assessing Reasonable Foreseeability In Cases Involving Negligently Inflicted Psychiatric Injury, Martin Allcock

ECU Publications Post 2013

The law has long been concerned with limiting recovery for pure psychiatric injury in negligence in order to prevent liability to plaintiffs who are unusually susceptible to this type of injury. The justifications provided by courts for this concern have often centred on the idea that holding a defendant liable to such a plaintiff will be unreasonable. However, there is a gap in the reasoning of the courts and in the scholarly literature as to the potential theoretical justifications for measuring the reasonableness of the defendant’s conduct against the effect of that conduct on the hypothetical person of an ...


Generalized Correlation Measures Of Causality And Forecasts Of The Vix Using Non-Linear Models, David E. Allen, Vince J. Hooper Jan 2018

Generalized Correlation Measures Of Causality And Forecasts Of The Vix Using Non-Linear Models, David E. Allen, Vince J. Hooper

ECU Publications Post 2013

This paper features an analysis of causal relations between the daily VIX, S & P500 and the daily realised volatility (RV) of the S & P500 sampled at 5 min intervals, plus the application of an Artificial Neural Network (ANN) model to forecast the future daily value of the VIX. Causal relations are analysed using the recently developed concept of general correlation Zheng et al. and Vinod. The neural network analysis is performed using the Group Method of Data Handling (GMDH) approach. The results suggest that causality runs from lagged daily RV and lagged continuously compounded daily return on the S & P500 ...


An Overview Of Psychology And Law And Forensic Psychology In Australia, Alfred Allan, Anthony D. Cole, Donald M. Thomson, Cate L. Parry Jan 2018

An Overview Of Psychology And Law And Forensic Psychology In Australia, Alfred Allan, Anthony D. Cole, Donald M. Thomson, Cate L. Parry

ECU Publications Post 2013

Psychology’s roots in Australia go back to 1881, but the first documented evidence of psychology-and-law (psycholegal) research and psychologists working in court and correctional settings only emerged in 1949. The activities of psycholegal researchers and psychologists providing services to the correction, investigative and justice systems are not well-documented. Our aim in this paper is to start recording the histories of these people and the development of the psycholegal and forensic psychology fields. We do this primarily by examining publications and conference papers and recording our and other people’s personal recollections. We specifically record psychologists’ interaction with lawyers, their ...


Measuring The Judicial Performance Of The European Court Of Human Rights, Elizabeth Lambert Abdelgawad Jan 2017

Measuring The Judicial Performance Of The European Court Of Human Rights, Elizabeth Lambert Abdelgawad

ECU Publications Post 2013

Faced with a sharp rise in the number of individual applications, the European Court of Human Rights has been forced to provide greater accountability to governments eager to downsize its budget and staff. This has resulted in the introduction of quantitative criteria, to the detriment of quality and of the service rendered to individual victims. These new management policies have admittedly reduced the number of pending cases, but they have also considerably eroded the right of individual application. The new managerial policy has definitely shaped a new Court.


Impact Of Family-Friendly Prison Policies On Health, Justice And Child Protection Outcomes For Incarcerated Mothers And Their Dependent Children: A Cohort Study Protocol, Helen Myers, Leonie Segal, Derek Lopez, Ian W. Li, David B. Preen Jan 2017

Impact Of Family-Friendly Prison Policies On Health, Justice And Child Protection Outcomes For Incarcerated Mothers And Their Dependent Children: A Cohort Study Protocol, Helen Myers, Leonie Segal, Derek Lopez, Ian W. Li, David B. Preen

ECU Publications Post 2013

Introduction Female imprisonment has numerous health and social sequelae for both women prisoners and their children. Examples of comprehensive family-friendly prison policies that seek to improve the health and social functioning of women prisoners and their children exist but have not been evaluated. This study will determine the impact of exposure to a family-friendly prison environment on health, child protection and justice outcomes for incarcerated mothers and their dependent children.

Methods and analysis A longitudinal retrospective cohort design will be used to compare outcomes for mothers incarcerated at Boronia Pre-release Centre, a women’s prison with a dedicated family-friendly environment ...


Mapping The Laws Which Apply To Intercepting Wireless Communications In A Western Australian Legal Context, Tim Thomas, Craig Valli Jan 2015

Mapping The Laws Which Apply To Intercepting Wireless Communications In A Western Australian Legal Context, Tim Thomas, Craig Valli

Australian Digital Forensics Conference

The rapid evolution and deployment of WiFi technology creates a new environment where offenders can intercept and obtain sensitive information for use in the commissioning of further criminal activity. This paper explores how the law applies to an protects the wireless communications environment, with specific focus on the interception of WiFi data communications.


I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone Jan 2014

I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone

Australian Security and Intelligence Conference

Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and ...


Beyond Proximity: The Importance Of Green Space Useability To Self-Reported Health, May Carter, Pierre Horwitz Jan 2014

Beyond Proximity: The Importance Of Green Space Useability To Self-Reported Health, May Carter, Pierre Horwitz

ECU Publications Post 2013

Access to parks and green spaces within residential neighbourhoods has been shown to be an important pathway to generating better physical and mental health for individuals and communities. Early research in this area often failed to identify specific attributes that contributed to reported health outcomes, with more recent research focused on exploring relationships between health outcomes and aspects of access and design. A mixed methods research project conducted in Perth, Western Australia examined the role that neighbourhood green space played in influencing residents' self-reported health status, and this paper identifies significant relationships found between perceptions of green space quality and ...


The 'Oldest Tricks In The Book' Do Not Work! Reports Of Burglary By Duma Detainees In Western Australia, Natalie J. Gately, Jennifer Fleming, Nathalie Mcginty, Anthony M. Scott Jan 2014

The 'Oldest Tricks In The Book' Do Not Work! Reports Of Burglary By Duma Detainees In Western Australia, Natalie J. Gately, Jennifer Fleming, Nathalie Mcginty, Anthony M. Scott

ECU Publications Post 2013

Foreword : Research investigating the methods and motivations of burglars has typically focused on incarcerated offenders. The Australian Institute of Criminology’s Drug Use Monitoring in Australia (DUMA) program provided an opportunity for the authors to explore the methods and motivations of those actively involved in committing burglaries, whether or not they had actually been caught or detained for that offence. The findings support Routine Activity Theory, indicating that offenders consider a number of factors in determining whether a property will be targeted for a break and enter offence. As might be expected, opportunistic burglars choose easy to access properties, stay ...


Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden Jan 2013

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

ECU Publications 2013

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.


Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford Jan 2013

Legal Avenues For Ending Impunity For The Death Of Journalists In Conflict Zones: Current And Proposed International Agreements, Kayt H. Davies, Emily Crawford

ECU Publications 2013

Every bullet that kills a journalist in a warzone adds passion and urgency to calls for “something” to be done to better protect frontline media workers. International humanitarian law (the body of law that includes the Geneva Conventions) offers some avenues for legal redress, but problems with compliance and policing have contributed to a sense of impunity among perpetrators of these crimes. Consequently, calls for additional laws have reemerged. This article analyzes the current legal protections, examines a proposed new international convention, and discusses obstacles to ending impunity. It also analyzes whether a new convention would be a useful addition ...


Are Human Rights Redundant In The Ethical Codes Of Psychologists?, Alfred Allan Jan 2013

Are Human Rights Redundant In The Ethical Codes Of Psychologists?, Alfred Allan

ECU Publications 2013

The codes of ethics and conduct of a number of psychology bodies explicitly refer to human rights, and the American Psychological Association recently expanded the use of the construct when it amended standard 1.02 of the Ethical Principles of Psychologists and Code of Conduct. What is unclear is how these references to human rights should be interpreted. In this article I examine the historical development of human rights and associated constructs and the contemporary meaning of human rights. As human rights are generally associated with law, morality, or religion, I consider to which of forms of these references most ...


Caseload Allocation And Special Judicial Skills: Finding The 'Right Judge', Kathy Mack, Sharyn Roach Anleu, Anne Wallace Jan 2012

Caseload Allocation And Special Judicial Skills: Finding The 'Right Judge', Kathy Mack, Sharyn Roach Anleu, Anne Wallace

ECU Publications 2012

Australian courts, as with those in most common law systems, value judicial officers who are generalists. Appointment to a court indicates that the appointee is capable of dealing impartially with all types of cases that come before it. However, caseload allocation processes within courts also recognize and value different skills or expertise that may be applied to particular types of cases or to particular judicial tasks. Our research investigates ways magistrates courts in Australia (first instance courts of general criminal and civil jurisdiction) manage caseload allocation processes to match magistrates’ skills and abilities to specific work demands within their general ...


A Cautionary Note On Therapeutic Jurisprudence For Aboriginal Offenders, Ann-Claire Larsen, Peter Milnes Jan 2011

A Cautionary Note On Therapeutic Jurisprudence For Aboriginal Offenders, Ann-Claire Larsen, Peter Milnes

ECU Publications 2011

Therapeutic jurisprudence (TJ) is a recent legal practice reform, requiring judges and lawyers to attend to offenders’ wellbeing. Despite being lauded as the ‘most prolific vector’ of the Comprehensive Law Movement, TJ has also been condemned as ineffectual, even dangerous. In this paper we review TJ in three sections: the problems TJ seeks to address, how TJ is applied and its requirements, and the new problems TJ produces. This paper exposes tensions between established legal principles and efficacy or recidivism concerns that drive the TJ agenda. It concludes that a judiciary that concerns itself with offenders’ social and psychological problems ...


Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer Jan 2011

Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer

ECU Publications Pre. 2011

The status of prisoners’ mental health has wide-reaching implications for prison inmates, prison authorities and institutions, and the general community. This paper presents the mental health findings from the 2008 Health of Prisoner Evaluation (HoPE) pilot project in which 146 maximum security prisoners were interviewed across two prisons in Western Australia. Results revealed significant discrepancies across gender and Indigenous status regarding the history and treatment of mental health complaints, use of prescribed psychiatric medication, and experience of psychosocial distress. Illicit drug use and dependency, as well as patterns of self-harm and suicide are also reported. These findings highlight that imprisonment ...


Not-So-Secret Ethics Committee Business, Kim Gifkins Jan 2010

Not-So-Secret Ethics Committee Business, Kim Gifkins

ECU Research Week

Discover how ethics applications are reviewed.


The Development Of A Video Task Of Remedial Behaviour To Use In Communication Training Of Health Professionals With Specific Reference To Open Disclosure Practice, Dianne Mckillop, Alfred Allan, Julian Dooley Jan 2010

The Development Of A Video Task Of Remedial Behaviour To Use In Communication Training Of Health Professionals With Specific Reference To Open Disclosure Practice, Dianne Mckillop, Alfred Allan, Julian Dooley

ECU Publications Pre. 2011

The National Open Disclosure Standard requires health professionals (hereafter professionals) to disclose errors in the course of their practice. There is, however, evidence that some professionals are reluctant to do so because they are uncertain about how to engage in open disclosure communications in general and, specifically, how to do it in a legally appropriate manner. One way of addressing this problem is to train professionals in disclosing errors to patients and their families in ways that meet their psychological needs as well as the legal requirements. Although preferable, the comprehensive training of all professionals in appropriate open disclosure practices ...


Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova Dec 2009

Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova

Australian Information Security Management Conference

The integrity of lawyers trust accounts as come under scrutiny in the last few years. There have been many incidents of trust account fraud reported internationally, including a case in Australia, where an employee of a law firm stole $4,500,000 from the trust funds of forty-two clients. Our study involved interviewing principles of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. An overall finding highlights that law firms were not current with technology to combat computer crime, and inadequate access control was a major concern in ...


The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya Jan 2005

The Law And Racism: Some Reflections On The Australian Experience, Laksiri Jayasuriya

ECU Publications Pre. 2011

Racism in Australian society is not something new and surprising. For a variety of historical and socio-political reasons it has existed from the earliest days ·of colonisation, and there have been a variety of strategies tried over the years to deal with racism as a social problem. One strategy most frequently resorted to, especially in recent years, has been to use the law as a means of combating racism. Before considering the questions of law and racism, we need first to clarify what we mean by the term racism...


The Relationship Between Bail Decision-Making And Legal Representation Within The Criminal Justice System, Alfred Allan, Maria M. Allan, Margaret Giles, Deirdre Drake Jan 2003

The Relationship Between Bail Decision-Making And Legal Representation Within The Criminal Justice System, Alfred Allan, Maria M. Allan, Margaret Giles, Deirdre Drake

ECU Publications Pre. 2011

The primary aim of this study was to examine the relationship between legal representation and bail decision-making within the criminal justice system in Western Australia. In doing so it was necessary to "rule out" a number of other factors and this process provided the opportunity to test whether some of the factors mentioned in the literature, such as age and race, have an independent effect on bail decision-making. The data also provided a valuable snapshot of bail decision-making in the Courts of Petty Sessions and the Perth Children’s Court...


An Exploratory Study To Identify The Predictors Of Sexual Reoffending By Male Sexual Offenders In Western Australia, Deborah Dawson, Alfred Allan Jan 2003

An Exploratory Study To Identify The Predictors Of Sexual Reoffending By Male Sexual Offenders In Western Australia, Deborah Dawson, Alfred Allan

ECU Publications Pre. 2011

As the prediction of the risk of sexual reoffending behaviour has become more important in the corrections setting, so has the development of instruments to assist practitioners in doing risk evaluations. International research underpins most of the instruments used in Western Australia (WA), and in Australia for that matter. The present study explored the predictive accuracy of instruments developed internationally and locally as a function of ethnicity (Indigenous and non Indigenous) and nature of offending (non violent sexual and violent sexual). The Rapid Risk Assessment for Sexual Recidivism (RRASOR) and the Static 99 were the international instruments, for the prediction ...


International Environmental Law : Consumer Environmentalism Versus Environmental Consumerism, Rajendra Kumar Nayak Jan 1999

International Environmental Law : Consumer Environmentalism Versus Environmental Consumerism, Rajendra Kumar Nayak

ECU Publications Pre. 2011

No abstract provided.