RUSSLR RESEARCH REPORT 2011

Transcription

1 RUSSLR RESEARCH REPORT 2011

2 Message from the Director Welcome to the Research Report covering activities in Established in 2007, the University of Adelaide Research Unit for the Study of Society, Law and Religion (RUSSLR) is the first centre or institute in Australia to study the relationship between society, law and religion putting it at the leading edge in Australia of what is already a major research area worldwide. RUSSLR's principal objective is to create a space for dialogue on significant issues involving the relationship between society, law and religion in Australia. We seek to foster an environment where divergent views can be expressed with good will and respect in order better to understand the place and role of religion and law in contemporary Australian society. The work of members of the RUSSLR Research Cluster within the Adelaide Law School represent a diverse range of scholarship covering a wide spectrum of ideas related to the intersection of society, law and religion. This Report contains the research-related activities of RUSSLR and its Adelaide Law School members during As you will see from the Report, it was an exciting year, with both RUSSLR and its members making outstanding national and international contributions to the ongoing dialogue surrounding law and religion. Paul Babie Director RUSSLR

3 I. RUSSLR Activities A Annual RUSSLR Oration Professor John Witte, Jr., Emory University (USA), RUSSLR 2011 Law and Religion Oration: Rights, Resistance and Revolution Protestant Contributions to Western Rights Talk, 20 July 2011 B. Speakers Professor Robert Crotty, Director of ECSA, Book Launch of Bernadette Richards and Vic Pfitzner (eds), Issues at the Borders of Life (ATF Press, 2011), 15 June 2011 Professor Lourens M. du Plessis, University of Stellenbosch (South Africa), Much Ado About a Nose Stud: Some Reflections on the Power of Leitmotivs in Constitutional Interpretation, RUSSLR Seminar Series, 11 January 2011 C. Honours Global Network for Public Theology (GNPT), Member Institution (by Election)

4 II. Research Activities of RUSSLR Members of the Adelaide Law School A. Books Paul Babie and Neville Rochow (eds), Freedom of Religion Under Bills of Rights (The University of Adelaide Press, 2012) Bernadette Richards and Vic Pfitzner (eds), Issues at the Borders of Life (ATF, 2010) B. Book Chapters Paul Babie, How We Control the Environment and Others in Peter Burdon (ed), An Invitation to Wild Law (Wakefield Press, 2011) Paul Babie, Why should I do this? Private property, climate change and Christian sacrifice in Nadirsyah Hosen and Richard Mohr (ed), Law and Religion in Public Life: The Contemporary Debate (Routledge, 2011) Paul Babie and Mark Brindal, Australian Water Law: Property, the Constitution and an Anticommons Tragedy in Norman Habel and Peter Trudinger (eds), Water: A Matter of Life and Death (ATF Press, 2011) Paul Babie and Neville Rochow, Religious Freedom and Bills of Rights: Australia as Microcosm in Paul Babie and Neville Rochow (eds), Freedom of Religion Under Bills of Rights (The University of Adelaide Press, 2012) Laura Grenfell, Human Rights in Alex Reilly, Gabrielle Appleby and Wendy Lacey, Australian Public Law (Oxford University Press, 2011) Laura Grenfell, International Law in Alex Reilly, Gabrielle Appleby and Wendy Lacey, Australian Public Law (Oxford University Press, 2011) Laura Grenfell, Promoting the rule of law in Timor-Leste in Vandra Harris and Andrew Goldsmith (eds), Security, Development and Nation-Building in Timor-Leste: A Cross Sectoral Assessment (Routledge, 2011) Cornelia Koch, Bis hierher sollst du kommen und nicht weiter - The German Constitutional Court and the Boundaries of the European Integration Process in Nicholas Aroney, Gabrielle Appleby, Thomas John (eds), The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives (Cambridge University Press, 2012) Cornelia Koch, The Sky is Falling if Judges Decide Religious Controversies! - Or is it? The German Experience of Religious Freedom under a Bill of Rights in Paul Babie and Neville Rochow (eds), Freedom of Religion under Bills of Rights (University of Adelaide Press, 2012) Cornelia Koch and Thomas John, The Genesis of the German Constitution - From Total Devastation to the Dawn of a New Era in Juergen Broehmer (ed), The German Constitution Turns 60 Schriftenreihe Oeffentliches und Internationales Recht (Peter Lang Verlag, 2011)

5 Ngaire Naffine, How Religion Constrains Law and the Idea of Choice in Paul Babie and Neville Rochow (eds), Freedom of Religion Under Bills of Rights (University of Adelaide Press, 2012) Ngaire Naffine, Women and the Cast of Legal Persons in Jackie Jones, Anna Grear, Rachel Anne Fenton and Kim Stevenson (eds), Gender, Sexualities and the Law (Routledge, 2011) Bernadette Richards, Life as Loss? in Bernadette Richards and Vic Pfitzner (eds), Issues at the Borders of Life (ATF, 2010) Bernadette Richards, General Principles of Consent to Medical Treatment in Ben Whitte, Fiona McDonald, and Lindy Wilmott (eds), Health Law in Australia (Lawbook Co, 2010) Bernadette Richards, Organ and Tissue Donation in Ben Whitte, Fiona McDonald, and Lindy Wilmott (eds), Health Law in Australia (Lawbook Co, 2010) C. Articles Paul Babie, Religion and Australian Socio-Legal Interaction: A Preliminary Account of the Need for Empirical Research (2011) 17 UNSW Law Journal FORUM 4-18; (2011) 34 UNSW Law Journal (11,569 words) Paul Babie, Climate Change: Government, Private Property and Individual Action (2011) 11 Sustainable Development Law & Policy: Climate Law Reporter and (by invitation) (4,500 words) Paul Babie, Choices that Matter: Three Propositions on the Individual, Private Property and Anthropogenic Climate Change (2010) 22 Colorado Journal of International Environmental Law and Policy (13,000 words) Paul Babie, Expanding the Scope of Restorative Justice: Some Thoughts on Private and Public Law (2011) 5 International Perspectives in Victimology Paul Babie, Idea, Sovereignty, Eco-colonialism, and the Future: Four Reflections on Climate Change and Private Property (2010) 19 Griffith Law Review Paul Babie, Synthesis or Separation? Church, State and Marriage in Byzantine Law (2011) 26 Journal of Law and Religion Peter Burdon, A Theory of Earth Jurisprudence (2012) Australian Journal of Legal Philosophy (forthcoming) Peter Burdon, The Ecozoic Era in Peter Burdon (ed), Exploring Wild Law: The Philosophy of Earth Jurisprudence (Wakefield Press, 2011) Peter Burdon, The Great Law in Peter Burdon (ed), Exploring Wild Law: The Philosophy of Earth Jurisprudence (Wakefield Press, 2011)

6 Peter Burdon, The Jurisprudence of Thomas Berry (2011) 11 Worldviews: Global Religions, Culture, and Ecology 151 Anne Hewitt, Commercial Exploitation of Native Title Rights - A Possible Tool in the Quest for Substantive Equality for Indigenous Australians? (2011) 32 Adelaide Law Review Anne Hewitt, Navigating the Maze of Australia's Complex Discrimination Legislation: A Case Study of Belief Discrimination (2011) 24 Australian Journal of Labour Law 1-21 Anne Hewitt and Cornelia Koch Can and Should Burqas Be Banned? The Legality and Desirability of Bans of the Full Veil in Europe and Australia (2011) 36 (1) Alternative Law Journal Cornelia Koch and Lisa Hill, The Voting Rights of Incarcerated Australian Citizens (2011) 46(2) Australian Journal of Political Science Ngaire Naffine, Human Agents in Criminal Law and its Scholarship (2011) 35 Criminal Law Journal Ngaire Naffine, Liberating the Legal Person (2011) 26(1) Canadian Journal of Law and Society Joshua Neoh, Legitimacy of the Common Law in Post-Colonial Malaysia [2010] LAWASIA: Journal of the Law Association for Asia and the Pacific 59 Alexander Reilly, The Ethics of Seasonal Labour Migration (2011) 20 Griffith Law Review Nigel Wilson, Regulating the Information Age How will we cope with technological change? (2010) 33 Australian Bar Review 119 D. Conference/Seminar Presentations Paul Babie, Religious Faith and Public Schools in Australia, Plenary Panel, International Religious Liberty Association, 13 th Meeting of Experts: An International Think Tank on Religious Freedom, The Challenges of Secularism to Religious Freedom, August 2011, Sydney Law School, University of Sydney Paul Babie, Community, Monotheism and the Marketplace, 7 June 2011, Faculty of Law, University of Windsor, Canada, Faculty Seminar Peter Burdon, Earth Jurisprudence, 25 November 2011, The Future of Environmental Law, Sydney Peter Burdon, Whose Planet is it Anyway?, 22 October 2011, Earth Station Festival: The Planet Talks, Belair National Park Peter Burdon, Toward an Ecocentric Theory of Private Property, 17 September 2011, Earth Jurisprudence: Building Theory and Practice, Griffith University Peter Burdon, 'Introduction to Wild Law', 16 September 2011, Earth Jurisprudence: Building Theory and Practice, Griffith University

7 Laura Grenfell, Transition, Stability and Development in Timor-Leste, 28 September 2011, Conference on Transition, Stabilisation and Development in the Asia Pacific- Case studies of Afghanistan, Timor- Leste and Solomon Islands, Flinders University Laura Grenfell, Promoting the Rule of Law in Post-Conflict States: A Case Study of Timor-Leste, 7 October 2011, Kirby Seminar Series, Law School, University of New England Laura Grenfell, Adding Customary Law to the Transitional Justice Toolkit 20 October 2011, International Conference on Indigenous Rights and Transitional Justice, Australian National University Laura Grenfell, The UN and 'Rule-of-Law Constitutions, 8-9 December 2011, Invitation-only Workshop on the United Nations Security Council, Peacekeeping and the Rule of Law, Australian National University Laura Grenfell and Anne Hewitt, Choosing Gender and the Law, The Fay Gale Centre Conference: Gender/Sexuality: Perspectives on Social Inclusion & Citizenship, 9-11 November 2011, University of Adelaide, Australia Daniel McLoughlin, After the Failure of Peoples : Agamben on the Camp, the Nation-State, and Political Nihilism, Gilbert and Tobin Centre, Public Law and Legal Theory Series, May 2011 Daniel McLoughlin, 'Giorgio Agamben, Nihilism, and the Task of Juridical Critique', Australian Society for Continental Philosophy, December 2011 Daniel McLoughlin, 'Giorgio Agamben, Nihilism, and the Task of Juridical Critique', Law and Humanities Conference, December 2011 Ngaire Naffine, Jurisprudence under the Strain of Religion, Melbourne Law School, Legal Theory Seminar Series 2011 Ngaire Naffine, The Duck/Rabbit and the Common Measure: The Canonical Debate about Abortion and Euthanasia Reconsidered, International Law and Religion Conference 2011, Melbourne Law School Ngaire Naffine, The Duck/Rabbit and the Common Measure, Staff Seminar Series 2011, UCC Law School (Cork) Bernadette Richards, Panel Member, Plenary Panel, The Advance Care Directives Draft Framework - Will it meet expectations? Australasian Association of Bioethics and Health Law, July 2011 Bernadette Richards, 'When are you dead?: Brain death and organ donation' RiAus, June 2011, E. Community Service Paul Babie, Steering Committee, Member, Australian Human Rights Commission, Intersections between Law, Religion and Human Rights Project

8 Paul Babie, Chair, Editorial Board (by invitation), Interface: A Forum for Theology in the World (Australia) Paul Babie, Commissioned Book Reviewer (by invitation), Journal of Law and Religion (Hamline University Law School, USA) Paul Babie, Editorial Board (by invitation), International Perspectives in Victimology (California State University, Fresno, USA, and Tokiwa International Victimology Institute, Japan) Paul Babie, Ethics Series Editorial Board Chair (by invitation), ATF Press (Australia) Paul Babie, Editorial Committee Member (by invitation), Australasian Theological Book Reviewer (Australia) Laura Grenfell, Human Rights Expert Panel Member, Australian-African Human Rights Court of Testimonies, Adelaide, 21 October 2011 Anne Hewitt, Member, Editorial Committee, Legal Education Review Committee Member, Law Council of Australia Equalising Opportunities in the Law Committee Nigel Wilson, attended Digital Divide or Digital Bridge: Can Information Technology Alleviate Poverty?, University of California Berkeley, School of Information, April 2011 Nigel Wilson, attended Indigenous Technology Design and its Challenges, Berkman Center for Internet and Society, Harvard University, September 2011 F. Teaching Paul Babie, A Comparison of the Treatment of Religion and Property under the Australian and American Constitutions (JD), University of Detroit Mercy School of Law (USA), June 2011 Anne Hewitt, Anti-discrimination and equality law, Native Title Internship Programme Daniel McLoughlin, Legal Theory (LLB) (two weeks on Schmitt, sovereignty and political theology), Adelaide Law School, 2011 Nigel Wilson, Evidence and Proof in Theory and Practice (LLB) (topic on customs, spirituality and religious communications), Adelaide Law School, 2011 Nigel Wilson, Insurance Law (LLM) (topics on Takaful (Insurance from an Islamic Perspective) and Insurance Law, Professional Liability Law and Legal Ethics), Adelaide Law School, 2011 Nigel Wilson, Technology, Law and Society (LLM) (topics on identity, privacy and data-mining, the law of virtual worlds and social networks), Adelaide Law School, 2011

9 G. Higher Degrees by Research - Completions Peter D Burdon, The Environment and Property: Earth Jurisprudence (PhD Thesis, Adelaide Law School, 2011, supervised by Paul Babie and Alexander Reilly) Joshua Neoh, Elihu or Moses: The Role of a Common Law Judge in an Adversarial System (LLM Supervised Research Paper, Yale Law School, 2011) Bernadette Richards, Informed Choice not Informed Consent: Towards a meaningful pre-treatment conversation (PhD Thesis, Adelaide Law School, 2011, supervised by Ngaire Naffine and Ian Leader- Elliott) H. Visiting Appointments Paul Babie, Visiting Professor of Law, University of British Columbia, Faculty of Law (Canada), Winter 2011 Paul Babie, Visiting Professor of Law, University of Detroit Mercy School of Law (USA), Winter 2011 Paul Babie, visiting Professor and Ron W Ianni Scholar in Residence, University of Windsor, Faculty of Law (Canada), Winter 2011 Joshua Neoh, Visiting Scholar and Associate Member of the Senior Common Room, St Benet s Hall, University of Oxford (UK), Michaelmas Term 2011