962 resultados para Law School


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Over the last two decades, two new trajectories have taken hold in criminology - the study of masculinity and crime, after a century of neglect, and the geography of crime. This article brings both those fields together to analyse the impact of globalisation in the resources sector on frontier cultures of violence. This paper approaches this issue through a case study of frontier masculinities and violence in communities at the forefront of generating resource extraction for global economies. This paper argues that the high rates of violence among men living in work camps in these socio-spatial contexts cannot simply be understood as individualised expressions of psycho-pathological deficit or social disorganisation. Explanations for these patterns of violence must also consider a number of key subterranean convergences between globalising processes and the social dynamics of male-on-male violence in such settings.

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Intimate partner violence (IPV) is not only a problem for heterosexual couples. Although research in the area is beset by methodological and definitional problems, studies generally demonstrate that IPV also affects those who identify as non-heterosexual; that is, those sexualities that are typically categorized as lesbian, gay, bisexual, transgender, or intersex (LGBTI). IPV appears to be at least as prevalent in LGBTI relationships as it is in heterosexual couples, and follows similar patterns (e.g. Australian Research Centre on Sex, Health and Society 2006; Donovan et al. 2006; Chan 2005; Craft and Serovich 2005; Burke et al. 2002; Jeffries and Ball 2008; Kelly and Warshafsky 1987; Letellier 1994; Turrell 2000; Ristock 2003; Vickers 1996). There is, however, little in the way of specific community or social services support available to either victims or perpetrators of violence in same-sex relationships (see Vickers 1996). In addition, there are important differences in the experience of IPV between LGBTI and non-LGBTI victims, and even among LGBTI individuals; for example, among transgender populations (Chan 2005), and those who are HIV sero-positive (Craft and Serovich 2005). These different experiences of IPV include the use of HIV and the threat of “outing” a partner as tools of control, as just two examples (Jeffries and Ball 2008; Salyer 1999; WA Government 2008b). Such differences impact on how LGBTI victims respond to the violence, including whether or not and how they seek help, what services they are able to avail themselves of, and how likely they are to remain with, or return to, their violent partners (Burke et al. 2002). This chapter explores the prevalent heteronormative discourses that surround IPV, both within the academic literature, and in general social and government discourses. It seeks to understand how same-sex IPV remains largely invisible, and suggests that these dominant discourses play a major role in maintaining this invisibility. In many respects, it builds on work by a number of scholars who have begun to interrogate the criminal justice and social discourses surrounding violent crime, primarily sexual violence, and who problematize these discourses (see for example Carmody 2003; Carmody and Carrington 2000; Marcus 1992). It will begin by outlining these dominant discourses, and then problematize these by identifying some of the important differences between LGBTI IPV and IPV in heterosexual relationships. In doing so, this chapter will suggest some possible reasons for the silence regarding IPV in LGBTI relationships, and the effects that this can have on victims. Although an equally important area of research, and another point at which the limitations of dominant social discourses surrounding IPV can be brought to light, this chapter will not examine violence experienced by heterosexual men at the hands of their intimate female partners. Instead, it will restrict itself to IPV perpetrated within same-sex relationships.

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The social construction of sexuality over the past one hundred and fifty years has created a dichotomy between heterosexual and non-heterosexual identities that essentially positions the former as “normal” and the latter as deviant. Even Kinsey’s and others’ work on the continuum of sexualities did little to alter the predominantly heterosexist perception of the non-heterosexual as “other” (Kinsey, Pomeroy and Martin 2007; Esterberg 2006; Franceour and Noonan 2007). Some political action and academic work is beginning to challenge such perceptions. Even some avenues of social interaction, such as the recent proliferation of online communities, may also challenge such views, or at least contribute to their being rethought in some ways. This chapter explores a specific kind of online community devoted to fan fiction, specifically homoerotic – or what is known colloquially as “slash” – fan fiction. Fan fiction is fiction, published on the internet, and written by fans of well-known books and television shows, using the characters to create new and varied plots. “Slash” refers to the pairing of two of the male characters in a romantic relationship, and the term comes from the punctuation mark dividing the named pair as, for example, Spock/Kirk from the Star Trek television series. Although there are some slash fan-fiction stories devoted to female-female relationships – called “femmeslash” – the term “slash” generally refers to male-male relationships, and will be utilized throughout this chapter, given that the research discussed focuses on communities centered around one such male pairing.

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Indigenous Legal Relations in Australia is a welcome and refreshing addition to the current literature on Indigenous legal issues. Written by a team of highly qualified Indigenous and non-Indigenous academics who share a long term commitment to Indigenous legal and social justice issues, this book provides a clearly written and accessible introductory text for tertiary students and general readers alike who are seeking to gain a deeper understanding of the relationship between Indigenous Australians and the Anglo-Australian legal system.

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This article surveys literature bearing on the issue of parental liability and responsibility for the crimes of young offenders, with a particular focus on comparing different approaches to dealing with the issue in Australia and Canada. This comparative analysis of Australian and Canadian legislative and policy approaches is situated within a broader discussion of arguments about the “punitive turn” in youth justice, responsibilisation, and cross-jurisdictional criminal justice policy transfer and convergence. Our findings suggest that there are significant differences in the manner and extent to which Australia and Canada have invoked parental responsibility laws and policies as part of the solution to dealing with youth crime. We conclude by speculating on some of the reasons for these differences and establishing an agenda for additional needed cross-jurisdictional research. In particular, we argue that it would be fruitful to undertake a cross-jurisdictional study that examines the development and effects of parental responsibility laws across a larger number of different Western countries as well as across individual states and provinces within these national jurisdictions.

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Lawyers have traditionally viewed law as a closed system, and doctrinal research has been the research methodology used most widely in the profession. This reflects traditional concepts of legal reasoning. There is a wealth of reliable and valid social science data available to lawyers and judges. Judges in fact often refer to general facts about the world, society, institutions and human behaviour (‘empirical facts’). Legal education needs to prepare our students for this broader legal context. This paper examines how ‘empirical facts’ are used in Australian and other common law courts. Specifically, the paper argues that there is a need for enhanced training in non-doctrinal research methodologies across the law school curriculum. This should encompass a broad introduction to social science methods, with more attention being paid to a cross-section of methodologies such as content analysis, comparative law and surveys that are best applied to law.

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ANDS Guides http://ands.org.au/guides/index.html These guides provide information about ANDS services and some fundamental issues in data-intensive research and research data management. These are not rules, prescriptions or proscriptions. They are guidelines and checklists to inform and broaden the range of possibilities for researchers, data managers, and research organisations.

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This guide is relevant to anyone who owns copyright in data compilations or databases and wants to share their data openly, or to anyone who wants to use data under an open content licence. ANDS Guides are available at http://ands.org.au/guides/index.html.

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The 1989 Comprehensive Plan of Action (CPA) has recently been described as a successful example of how to manage large protracted refugee flows. However, this article revisits the circumstances surrounding the CPA used to resolve the prolonged Indo-Chinese refugee crisis to highlight that part of its development was linked to the fact that Southeast Asian states refused to engage with proposed solutions, which did not include repatriation for the majority of the Indo-Chinese asylum seekers who were deemed to be ‘non-genuine’1 ( UNGA, 1989a) refugees. This resulted in the CPA often forcibly repatriating ‘non-genuine’ refugees, particularly near the end of its program. This article reviews the CPA in order to assess whether its practices and results should be repeated.