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Authors:Pascale ChiffletLa Trobe Law School; 2080La Trobe University, Australia Abstract: Alternative Law Journal, Ahead of Print. The highly mediatised Pélicot trial has cast a sharp light on sexual violence in private spaces and prompted loud calls for reform in France. This article examines two distinctive features of the French substantive and procedural framework. The first ... Citation: Alternative Law Journal PubDate: 2025-04-14T01:45:11Z DOI: 10.1177/1037969X251334790
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Authors:Maryanne BalkinFaculty of Medicine; Nursing Health Sciences, 22457Monash University, Australia Abstract: Alternative Law Journal, Ahead of Print. Seismic shifts occurred in American abortion law after the fall ofRoeshortly after the first Trump presidency. Reproductive rights will remain a highly contentious issue in the second Trump presidency and the increasingly restrictive law in the US has ... Citation: Alternative Law Journal PubDate: 2025-04-09T12:05:50Z DOI: 10.1177/1037969X251334224
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Authors:Ollie Gleeson-PayneStudent; College of Law & Justice, 5399Victoria University, Australia, , Brandy CochraneCollege of Law & Justice, 5399Victoria University, Australia Abstract: Alternative Law Journal, Ahead of Print. New Australian legislation proscribes the accessing of violent extremist materials online as a terrorism offence, even if the person has no intention to commit a violent act. Given the increasing prevalence of young people accessing such material, these ... Citation: Alternative Law Journal PubDate: 2025-03-24T08:10:47Z DOI: 10.1177/1037969X251328725
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Authors:Alysia BlackhamMelbourne Law School; 90147The University of Melbourne, Australia Abstract: Alternative Law Journal, Ahead of Print. This article explores the limits and risks of using artificial intelligence (AI) and large language models (LLMs) as tools to expedite and streamline empirical legal research and content analysis of cases. It emphasises the current risks and limits of AI ... Citation: Alternative Law Journal PubDate: 2025-03-14T10:45:07Z DOI: 10.1177/1037969X251325869
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Authors:Jarryd BartleCriminology; Justice Studies, 5376RMIT University, Australia Abstract: Alternative Law Journal, Ahead of Print. The issue of whether the criminal law should consider consent in determining offences related to harm inflicted for sadomasochistic pleasure has once again been highlighted by the courts in the recent sentencing of individuals in the UK involved in the ... Citation: Alternative Law Journal PubDate: 2025-03-13T07:33:56Z DOI: 10.1177/1037969X251325576
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Authors:Arie FreibergFaculty of Law; Monash University, Australia Abstract: Alternative Law Journal, Ahead of Print. Sentencing reform in Australia over the past 50 years has reflected ideological conflicts and deeper structural transformations in the economy and in society. It is a tale of two paradigms, one which is inclusive, participatory and rehabilitative, the ... Citation: Alternative Law Journal PubDate: 2025-03-13T04:28:04Z DOI: 10.1177/1037969X251323921
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Authors:Lisa EwensonHowWeSurvive; Faculty of Arts, Design & Architecture, 7800UNSW, Australia, , Christine CorbyWalgett Aboriginal Medical Service, Australia, , Vanessa Hickey, Wendy SpencerDharriwaa Elders Group, Australia, , Peta MacGillivray, Ruth McCauslandYuwaya Ngarra-li partnership, Division of Societal Impact, Equity & Engagement, 7800UNSW, Australia Abstract: Alternative Law Journal, Ahead of Print. Relevant international frameworks, government policy and academic discourse about disaster response and recovery claim that it should be community-centred. Walgett, New South Wales, has recently endured a number of disasters including floods, COVID-19, ... Citation: Alternative Law Journal PubDate: 2025-03-11T12:33:57Z DOI: 10.1177/1037969X251323942
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Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2025-02-04T09:41:55Z DOI: 10.1177/1037969X251315367
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Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2025-02-04T05:09:32Z DOI: 10.1177/1037969X251315567
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Authors:Laura Smith-Khan, Christine Giles; University of New England, Australia, , Christine GilesFaculty of Law, 1994University of Technology Sydney, Australia Abstract: Alternative Law Journal, Ahead of Print. This article reports on a research-teaching collaboration in the Graduate Diploma in Migration Law and Practice. The collaboration aimed to improve students’ client communication skills by embedding interdisciplinary expertise to improve the learning materials and activities on offer in the program. After providing an overview of the collaboration, we share findings from the research, identifying key aspects of students’ skills development. The article concludes that incorporating interdisciplinary research expertise in migration law teaching can assist in creating valuable student experiences and developing professional communication skills. Citation: Alternative Law Journal PubDate: 2025-01-11T09:52:49Z DOI: 10.1177/1037969X251314205
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Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2025-01-11T03:45:17Z DOI: 10.1177/1037969X251314297
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Authors:Erin Cowey, Lorana Bartels, Hayley Boxall; ANU College of Arts Social Sciences, 2219Australian National University, Australia, , Lorana Bartels, Hayley BoxallPOLIS: The Centre for Social Policy Research, 2219Australian National University, Australia Abstract: Alternative Law Journal, Ahead of Print. New South Wales and Queensland have recently criminalised coercive control. Scholarship surrounding these reforms highlights the potentially negative effects on different sections of the community, with a focus on victim-survivors. However, the implications of the reforms for defendants with neurodevelopmental and cognitive disorders has been neglected. This article describes some of the issues the courts may face in dealing with defendants with neurodevelopmental and cognitive disorders, as a result of the criminalisation of coercive control. Further, it reinforces the importance of adequate disability education and training for all key justice system stakeholders, to improve the effectiveness of the reforms in practice. Citation: Alternative Law Journal PubDate: 2025-01-10T09:26:09Z DOI: 10.1177/1037969X241312710
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Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2025-01-08T06:24:08Z DOI: 10.1177/1037969X241311718
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Authors:Nicole Rogers; 3555Bond University, Australia Abstract: Alternative Law Journal, Ahead of Print. The Australian Constitution, although not designed to address the exigencies of climate change, has and could have a role to play in this crisis. Expansive readings of various heads of power ensure that the Commonwealth has legislative power to achieve climate mitigation goals, notwithstanding the constitutional property rights guarantee and phenomenon of state capture. The powerful political influence of the fossil fuel industry could be challenged through s 44. Climate activists have already leveraged the Constitution to challenge a state tax on electric vehicles and an anti-protest law. Finally, recent constitutional case law has significant implications for the climate displaced people of the future. Citation: Alternative Law Journal PubDate: 2025-01-04T02:24:10Z DOI: 10.1177/1037969X241311931
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Authors:Margaret Thornton; The Australian National University, Australia Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2025-01-04T02:22:11Z DOI: 10.1177/1037969X241310946
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Authors:Sandy Toussaint; 556020University of Western Australia, Australia Abstract: Alternative Law Journal, Ahead of Print.
Citation: Alternative Law Journal PubDate: 2025-01-04T02:14:51Z DOI: 10.1177/1037969X241310869
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Authors:Pascale Chifflet, Laura Griffin, Meribah Rose; Laura Griffin, Meribah RoseLaw School, 2080La Trobe University, Australia Abstract: Alternative Law Journal, Ahead of Print. There is a consensus among practitioners, academics and those with lived experience of the police complaints system that the current police accountability regime in Victoria is unsafe and ineffective. Despite a slew of inquiries attesting to the problem and its ongoing harms, particularly to marginalised communities, reform in this area has been hard-won and minimal. However, we argue that the Yoorrook Justice Commission and upcoming Treaty negotiations offer an unprecedented opportunity for change, specifically through the establishment of a new independent police complaints and oversight body. We examine the essential features required of such a body to provide meaningful accountability in Victoria’s colonial context. Citation: Alternative Law Journal PubDate: 2024-12-23T08:07:50Z DOI: 10.1177/1037969X241306470
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Authors:Rukiya Stein, Jane Goodman-Delahunty; School of Law, 1319University of New England, Australia, , Jane Goodman-DelahuntySchool of Psychological Sciences, 5982University of Newcastle, Australia Abstract: Alternative Law Journal, Ahead of Print. This article provides a comparative analysis of the dual approach to the intermediary scheme currently in place in New South Wales, Australia. While legislation mandates witness intermediaries for child complainants and witnesses, there is no similar legislation for adults with disabilities. Our analysis underscores significant disparities, pointing to critical issues in access to justice for adult witnesses and defendants with disabilities, as compared to children. Citation: Alternative Law Journal PubDate: 2024-12-23T07:54:22Z DOI: 10.1177/1037969X241307092
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Authors:Sevda Clark, Perla Guarneros-Sánchez; Perla Guarneros-SánchezThomas More Law School, 1513Australian Catholic University, Australia Abstract: Alternative Law Journal, Ahead of Print. This article explores the significance of NGO monitoring of Australia’s implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As an active participant in mechanisms to protect women’s rights globally and domestically, Australia played an important role in the drafting of CEDAW, which obligates it to periodically report on its implementation efforts. We offer autoethnographic accounts of our advocacy experience at the Pre-Sessional Working Group of the CEDAW Committee, providing an exploration of feminist ethnography and the lived experiences of women in advocacy. By examining these experiences, the article highlights the critical role of civil society participation, particularly through an intersectional lens, in enhancing the effectiveness of UN processes. Citation: Alternative Law Journal PubDate: 2024-12-20T07:38:51Z DOI: 10.1177/1037969X241310252
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Authors:Stephen Gray; 2541Monash University, Australia Abstract: Alternative Law Journal, Ahead of Print. This short article suggests some ways for non-Indigenous law teachers to teach Indigenous legal issues in a culturally sensitive and respectful, as well as intellectually satisfying, way. It sets out five problems, or issues, which students have commonly raised in class, including the discussion of past racism, the disturbing nature of the content, and the question of whether these discussions further alienate, or ‘other’, Indigenous peoples. It suggests some strategies for dealing with these issues, including through the use of storytelling techniques and the acknowledgement of subjectivity. Citation: Alternative Law Journal PubDate: 2024-12-19T06:45:59Z DOI: 10.1177/1037969X241306469
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Authors:Sarah Deeb; School of Law, 95542Queensland University of Technology, Australia Abstract: Alternative Law Journal, Ahead of Print. This article provides a perspective on whether articulating menstrual health as a human right can support a transition to the circular economy. The article analyses a positive right to menstrual health enacted through free product legislation and further analyses how this right can address stigma, education, sanitation and environmental barriers to using reusable menstrual products. The article can inform policymakers of complexities in the uptake of reusable menstrual products. Citation: Alternative Law Journal PubDate: 2024-12-19T06:42:29Z DOI: 10.1177/1037969X241309359
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Authors:Jason Donnelly; 89381Western Sydney University, Australia Abstract: Alternative Law Journal, Ahead of Print. This article explores the vital role of written reasons in legal decision-making, emphasising their importance for transparency, accountability and thorough analysis. It discusses the challenges posed by delayed written reasons, especially in urgent cases, and the potential impact on public trust and fairness. The focus on the Administrative Appeals Tribunal (now the Administrative Review Tribunal) in Australia highlights concerns about transparency when reasons are delayed. Drawing on Justice Thawley's analysis in Verrill, the article underscores the need for timely written reasons to support effective judicial review and to uphold the integrity of the decision-making process. Citation: Alternative Law Journal PubDate: 2024-12-11T06:18:49Z DOI: 10.1177/1037969X241305181
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Authors:Libby Newton; Faculty of Law, 58426The University of Sydney, Australia Abstract: Alternative Law Journal, Ahead of Print. This article examines the problem of social justice drift among law students. The author discusses institutional measures to reverse this trend and identifies shortcomings of existing policies. Noting that the focus has been trained on expanding social justice-oriented curricular and extracurricular offerings, the author contends that mainstreaming social justice in the core curriculum of professionally accredited law degrees is more likely to prevent the attenuation of social justice commitment among students and better equip the next generation of legal practitioners to pursue careers in social justice. Options for curricular reform to this end are duly considered. Citation: Alternative Law Journal PubDate: 2024-11-27T11:45:56Z DOI: 10.1177/1037969X241302368
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Authors:Donna Peari, Sagi Peari; UWA School of Engineering/Business School, 590766University of Western Australia, Australia, , Sagi PeariLaw School, 590766University of Western Australia, Australia Abstract: Alternative Law Journal, Ahead of Print. Restitutionary claims are important. They are even relevant to such scenarios as restitution of improperly collected taxes and mistaken payments. However, what is the organising idea behind these claims' This question is critical for clarifying the existing law and setting the scene for legal reform. For the first time, this article empirically tests the public’s perception of the current predominant rationale behind restitutionary claims – the notion of unjust enrichment. Since the findings question whether the public supports this rationale, the article joins the growing volume of literature which is sceptical of unjust enrichment. Citation: Alternative Law Journal PubDate: 2024-11-13T06:45:53Z DOI: 10.1177/1037969X241299898
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