aspirations & inspirations · professor umair ghori, associate professor (co-director of gclp)...

Aspirations & Inspirations – Law Research Newsletter June/July 2018

Bond University © 2018

Law Research Newsletter October - December 2018

ASPIRATIONS & INSPIRATIONS

Aspirations & Inspirations – Law Research Newsletter October - December 2018


Welcome Aspirations & Inspirations is a newsletter produced by the Bond University Faculty of Law which covers the wide spectrum of research activities and scholarly achievements by Faculty staff and students including:

• The latest publications by academics;

• Examples of the many ways in which work by Faculty academics is having an impact upon the legal profession and wider community;

• Our legal system and the wider community;

• The latest achievements by Faculty Higher Degree Research (HDR) students;

• Faculty research centres or teams and our research networks;

• Upcoming research events and opportunities; and

• Research profiles of law academics.

In the following pages, you will read about the many books and journal articles produced by Bond University law academics, the conferences, seminars and roundtables at which our colleagues have had a notable presence, the grants being applied for, and the many important journals being published by the Faculty. The Centre for Commercial Law, the Global & Comparative Law and Policy Network, and the Centre for Professional Legal Education are all actively engaged in a variety of scholarly activities and all are moving from strength to strength, thanks to the magnificent efforts of the various Faculty directors, coordinators, managers, administrators and members.

Of course, good teaching and good research are not mutually exclusive, and there are many synergies between those two important fields of activity. Good teaching is informed by good research: research into the area of knowledge being taught and research into teaching, learning and assessment practices. As with so many things, Bond Law performs at an unexpectedly impressive level when it comes to research and scholarship, and of that we should be proud.

Professor Nick James

Executive Dean

Faculty of Law



Conferences/Seminars On 19 October 2018, Associate Professor Kay Lauchland was a guest speaker presenting ‘Legal Ethics: Challenges Facing the Profession’ at the Australia and New Zealand Sports Law Association Conference in Australia.

On 26 to 28 October 2018, Executive Dean, Professor Nick James participated in the Sino-Australian Law Deans Conference in Wuhan, China. On 2 November 2018, Professor James participated in an Animal Law Education Workshop in Sydney.

On 30 October 2018, Assistant Professor Kate Galloway was a guest speaker presenting ‘Towards a National Environmental Defenders Office’ hosted by the Environmental Defenders Office in New South Wales, Australia.

On 30 November, Associate Dean (Research), Professor Vai Io Lo served as a mentor at the 2018 Asian Law and Society Conference Early Career Workshop. On 1 December 2018, she presented a paper on the topic of ‘Communication Technology and Judicial Transparency in China’ at the Conference.

On 6 November 2018, Professor Jonathan Crowe was a guest speaker presenting ‘Intentions and Functions in Legal Interpretation’ hosted by the National Autonomous University of Mexico Institute for Legal Research in Mexico. On 7 November 2018, Jonathan was a guest speaker presenting ‘Intelligibility, Practical Reason and the Common Good’ hosted by the National Autonomous University of Mexico Institute for Philosophical Research in Mexico. On 14 December 2018, he was a guest speaker presenting ‘The Role of Party Self-Determination in Mediation Ethics’ hosted by the Austin Association of Mediators in Austin, Texas.

In October, Associate Professor Danielle Ireland-Piper was a guest speaker at the Bond University Women’s Network (BUWN) breakfast, ‘Women in Research’ during research week.

L-R: Associate Professor Danielle Ireland-Piper, Senior Teaching Fellow Amy Bannatyne (HSM), Professor Cynthia Fisher (BBS) and Deputy Vice Chancellor (Academic) Research, Professor Keitha Dunstan

Vai Io Lo presenting at the Asian Law and Society Conference



Engagement and Impact

Assistant Professor Narelle Bedford made a submission to the Qld Parliament’s Legal Affairs and Community Safety Committee’s Inquiry into the Strategic Review of the Office of the Queensland Ombudsman. Her submission was cited in the published report:

Link: Report No. 25, 56th Parliament Legal Affairs and Community Safety Committee November 2018 Inquiry into the Strategic Review of the Office of the Queensland Ombudsman

Professor Dan Svantesson was announced as the lead author of the forthcoming ‘World’s First Internet and Jurisdiction Global Status Report’ by the Secretariat of the Internet and Jurisdiction Policy Network. The report will be launched at the 3rd Global Conference of the Internet and Jurisdiction Policy Network in Berlin, June 2019. The report will coordinate data collected from over 200 senior-level stakeholders from 40 countries.

Link: Article ‘Secretariat to Launch Major Internet and Jurisdiction Global Status Report

Senior Teaching Fellow Clair Duffy was interviewed on ABC News about the genocide verdict at Cambodia’s Khmer Rouge Tribunal.

Link: Article and Video 'Human rights lawyer Clair Duffy on the genocide verdict at Cambodia's Khmer Rouge Tribunal

https://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2018/5618T1931.pdf

https://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2018/5618T1931.pdf

https://www.internetjurisdiction.net/news/internet-jurisdiction-global-status-report

https://www.abc.net.au/news/programs/the-world/2018-11-16/human-rights-lawyer-clair-duffy-on-the-genocide/10506966



Global and Comparative Law and Policy Network (GCLP) On 29 November, the Centre celebrated the launch of its special edition of the Bond Law Review vol. 30(1), June 2018 ‘The Law and Politics of Control and Power’. The following Bond contributing authors presented ‘3 minute papers’:

• Executive Dean, Professor Nick James, ‘Law and Power: Ten Lessons from Foucault’;

• Michael Krakat (PhD candidate), ‘Genuine Links Beyond State and Market Control: The Sale of Citizenship by Investment in International and Supranational Legal Perspective’;

• Assistant Professor Umair Ghori, ‘Investment Court System or ‘Regional’ Dispute Settlement?: The Uncertain Future of Investor-state Dispute Settlement’;

• Assistant Professor Narelle Bedford, ‘The Winner Takes it All: Legal Costs as a Mechanism of Control in Public Law’, and

• Assistant Professor Liz Greene, ‘Domestic Violence Disclosure Schemes: Effective Law Reform or Continued Assertion of Patriarchal Power?’.

L-R: Michael Krakat (PhD candidate), Assistant Professor Narelle Bedford, Assistant Professor Iain Field, Assistant Professor Umair Ghori, Associate Professor (Co-Director of GCLP) Danielle Ireland-Piper, Assistant Professor Liz

Greene and Executive Dean, Professor Nick James



Centre for Professional Legal Education (CPLE) On 19 October, CPLE hosted a half-day invitation only event entitled ‘Artificial Intelligence and Creative Practice’ as part of Research Week. The roundtable began with a keynote address from Professor Simon Colton (Queen Mary University of London/Monash University), a leading expert in the field of computational creativity, regarding the ability of AI to engage in genuine creativity, followed by facilitated sessions exploring the positive and negative consequences of AI augmenting, or possibly replacing, human creativity in the cultural and professional services.

Link: Video Recording 'Artificial Intelligence and Creative Practice'

Keynote Speaker Professor Simon Colton

Assistant Professor Sven Brodmerkel (Faculty of Society and Design) chaired a session discussing the capacity for AI to augment or even take over creative tasks in the cultural industries

https://bond.edu.au/researchers/research-strengths/university-research-centres/centre-professional-legal-education/events/past-events



Centre for Professional Legal Education (CPLE) Cont.

Professor William van Caenegem chaired a session discussing the nature of creativity, creative practice in fashion design and the real effects of AI and big data

Executive Dean and Director of CPLE, Professor Nick James (not in picture) chaired a session discussing the role of AI in supporting creative thinking in law and legal practice



Publications Books

Congratulations to the following authors on the publication of their books:

Walkden-Brown, Jackson, Nickolas James and Rachel Field, The New Lawyer: Foundations of law (Wiley & Sons, 2018).

Lee, Mei Pheng and Ivan Jerome Detta, Business Law (3rd ed, Oxford, 2018).



Publications Cont. Other Publications

Bedford, Narelle, 'The winner takes it all: Legal costs as a mechanism of control in public law' (2018) 30(1) Bond Law Review 119-144.

Burke, Jack and Hugh Zillmann, 'Creating a Gold Standard for Practical Legal Training in Common Law Countries' (2018) 5(1) Journal of International and Comparative Law 9-41.

Crowe, Jonathan, ‘Integrity and Truth in Law’s Empire’ in Salman Khurshid, Lokendra Malik and Veronica Rodriguez-Blanco (eds), Dignity in the Legal and Political Philosophy of Ronald Dworkin (Oxford University Press, New Delhi) 31-41.

Crowe, Jonathan, Rachel Field, Lisa Toohey, Helen Partridge and Lynn McAllister, 'Bargaining in the Shadow of the Folk Law: Expanding the Concept of the Shadow of the Law in Family Dispute Resolution' (2018) 40(3) The Sydney Law Review 319-338.

Crowe, Jonathan, 'Three Illusions of Modern Politics' (2018) 30(1) Bond Law Review 43-54.

Esayas, Samson and Svantesson, Dan Jerker B, 'Digital platforms under fire: What Australia can learn from recent developments in Europe' (2018) 43(4) Alternative Law Journal 275-282.

Galloway, Kate, 'Indigenous Contexts in the Law Curriculum: Process and Structure' (2018) 28(2) Legal Education Review.

Galloway, Kate, 'The Influence of the Sexual Contract on the Law's Distribution of Property in Intimate Relationships' (2018) 8(1) Feminists at Law <https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/594>.

Ghori, Umair, '"Reverse Permissibility" in the Renewable Energy Sector: Going Beyond the US-India Solar Cells Dispute' (2018) 8(2) Asian Journal of International Law 322-349.

Larkin, Dani and Kate Galloway, 'Uluru Statement from the Heart: Australian Public Law Pluralism' (2018) 30(2) Bond Law Review <https://blr.scholasticahq.com/article/6796-uluru-statement-from-the-heart-australian-public-law-pluralism>.

Parsons, Louise, 'Competitive Mooting: An Opportunity to Build Resilience Skills for Legal Practice' (2018) 40(1) Australian Journal of Clinical Education <https://ajce.scholasticahq.com/article/6784-competitive-mooting-an-opportunity-to-build-resilience-skills-for-legal-practice>.

Tian, Xiaowen, Vai Io Lo, and Xiaoxuan Zhai, 'Combining Efficiency and Innovation to Enhance Performance: Evidence from Firms in Emerging Economies' (2018) doi.org/10.1017/jmo.2018.75.

Van Caenegem, William, Violet Atkinson, Viviane Azard and Julien Canlorbe, 'A comparative study of fashion and IP: Trade marks in Europe and Australia' (2018) 13(3) Journal of Intellectual Property & Law Practice 194-211.

Walkden-Brown, Jackson and Lindsey Stevenson, 'Preparing for practice: Clinical legal education through the lens of legal education discourse' (2018) 3(1) Australian Journal of Clinical Education 1-12.

Weir, Michael, 'Law Reform - Land Title Act 1994 (Qld): Land, Explosives and Other Legislation Amendment Bill 2018 (Qld)' (2018) 92(11) Australian Law Journal 867-868.

Witte, Eric A and Clair Duffy, ‘Opinions for Justice: A Handbook for Designing Accountability Mechanisms for Grave Crimes’ (2018) Open Society Foundations, New York <https://www.justiceinitiative.org/uploads/89c53e2e-1454-45ef-b4dc-3ed668cdc188/options-for-justice-20180918.pdf>.



Academic Spotlight Adjunct Professor Mei Pheng Lee

• What are your research areas of interest?

Research excites me. I am interested in many areas of law banking and Finance, International Regulatory Compliance, Anti-Money Laundering and Combating the Financing of Terrorism, Financial Crimes, Investment Banking, and Corporate Governance and Compliance.

• What are your currently researching?

I am working with a few regulators and many banks (including offshore banks) in Asia (in particular ASEAN) on various topics related to compliance and financial crimes (in particular, on combating money laundering and the financing of terrorism).

• Recently completed publications?

In August 2018, my book, Business Law (3rd ed, Oxford) was published. I have just finished writing my Banking Law book (5th ed, LexisNexis) co-authored with my husband and son. I am now writing the Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Manual to be used by the financial services industry in Malaysia in their professional certification as compliance officers.

• What is your dream project/area of research to work on?

I love research and my mission is to do my little bit in helping to strengthen financial systems in developing, emerging and under-developed countries in the world. My goal will be that my research and publications will promote resilient financial systems globally, which in the end will strengthen the world’s economy and quality of life for mankind.

• Best research advice you can share or were given?

My philosophy is `The more you know, the more you know that you don’t know’. Research never ends and we never stop learning. Enjoy doing what you do, and you will do very well. Be passionate about research. Research is an integral part of my life!

• Favourite way to relax?

Karaoke (singing) and listening to loud rock music. I enjoy songs by Queen, Scorpions, Michael Jackson, Westlife, etc. (very uplifting). Meditation is the other way to relax.

Love life and enjoy! Love research and enjoy! You will wish that there is more than 24 hours in a day.

• Moments of epiphany and why?

About 10 years ago, inside the pyramid of Giza and more recently, during mediation sessions in Kathmandu, Turkey and Thailand, I was reminded about spirituality. I realise that all the research that I have done is just but a tiny drop in the ocean. There is so much more in life!

• What inspires you?

God (the infinite One). Of all the books and knowledge that I have researched on and understood (or at least, tried to), one book, the Bible, still fascinates and excites me even though I must have read it many, many times. The systematic investigation and study of [the Bible] in order to establish facts and reach new conclusions – Research – is my passion in life.



HDR News Carol Barnes (PhD student) presented at the Australia and New Zealand Education Law Association conference in Cairns in early October on the legal implications of the new Year 12 final exam system for students with disability.

In November, PhD candidates in Law, Feiyue Li, Florentina Benga, Michael Krakat and Zejun Du presented at the 2018 Asian Law and Society Conference. Their presentation topics were as follows:

• Feiyue Li presented on the topic of ‘The Role of International Water Laws in the Governance of Trans-boundary River Basins of China’;

• Florentina Benga presented on the topic of ‘Elder Law in Australia and China: From Protection to Empowerment’;

• Michael Krakat presented on the topic of ‘Citizenship, Enlightenment, and Global Markets: Cash for Passport Laws and Exceptional Naturalization and Residence Schemes in Asia’; and

• Zejun Du presented on the topic of ‘Government Information Publicity in China: Development and Further Improvement’.

Florentina Benga presenting at the Asian Law and Society Conference

Feiyue Li presenting at the Asian Law and Society Conference

Michael Krakat presenting at the Asian Law and Society Conference



HDR News Cont.

On 10 October, an academic workshop on ‘HDR Study – Supervision and Thesis Examination’ was held for HDR students and ECRs to better understand the supervision and thesis examination processes. The panel of academics sharing their insights and advice consisted of Professor Dan Svantesson, Emeritus Professor John Farrar, Professor Rachael Field and Emeritus Professor Mary Hiscock.

L-R: Professor Dan Svantesson, Emeritus Professor John Farrar, Professor Rachael Field, Associate Dean (Research), Professor Vai Io Lo and Emeritus Professor Mary Hiscock

The Faculty of Law hosted an end-of-year dinner for HDR students and supervisors.

End-of-year dinner for HDR students and supervisors

Zejun Du presenting at the Asian Law and Society Conference



Faculty News Research Week – Faculty of Law HDR and Honours Student Showcase

On 17 October, during Research week, the Faculty of Law held an HDR and Honours Student Showcase competition. It was open to all Bond Law students enrolled in a Legal Research Project (honours), and all Higher Degree by Research (HDR) students. Students were asked to present their research for up to 10 minutes, providing them an opportunity to share their research and gain presentation experience in front of an esteemed and experienced academic panel.

Former Bond Professor Rick Bigwood (University of Queensland) was the keynote speaker. He was joined by Deputy Dean, Professor Brenda Marshall and Professor Michael Weir on the judging panel.

Legal research project student, Khalid Assaf was highly commended for his presentation entitled ‘Facial Recognition in Australia and Privacy Concerns’.

The Judge’s Award and People’s Choice Award went to HDR student, Assistant Professor Lisa Bonin for her presentation entitled ‘Primed for Mediation’.

Assistant Professor Lisa Bonin with her Research Week Showcase Award

The Panel from L-R: Deputy Dean, Professor Brenda Marshall, Professor Michael Weir, Associate Dean (Research), Professor Vai Io Lo and Professor Rick Bigwood (UQ)



Faculty News Cont.

Twilight Seminar

On 7 November, Professor Lee Bygrave, from the University of Oslo, gave a Twilight Seminar on ‘Taming Algorithms: The Probable Impact of EU Data Privacy Law on Automated Decision Making’. He is from the Department of Private Law, in charge of the Norwegian Research Centre for Computer and Law (NRCCL) and is a guest professor at the Australian National University’s newly established 3A Institute. The seminar examined how parts of the newly revamped legal framework for data privacy in the EU are likely to impact on automated decisional systems, in particular, it casts a critical light on the EU’s General Data Protection Regulation (Regulation 2016/679): Articles 22 and 25. Professor Bygrave gave some suggestions on how these weaknesses could be mitigated, thus improving their ability to ‘tame algorithms’.

Twilight Seminar

On 3 December, Professor Daniel H. Foote gave a Twilight Seminar on ‘Lawyers in Every Corner of Society?: A Progress Report’.

The Reform Council vision of 2001 stated: ‘In the future, lawyers are expected to respond actively to social needs, to go out and exert diverse functions in every corner of society such as with public bodies, international institutions, non-profit organisations (NPO), private companies and labour unions and to contribute to the sound operation of such entities under the philosophy of the rule of law.’

Professor Foote examined how far away the Japanese legal profession was from this vision in 2001, and how far it has come to realising that vision in the intervening years. He also discussed several trends in the Japanese legal profession and the implications of those developments.

L-R: Professor Lee Bygrave, Professor Dan Svantesson and Associate Dean (Research), Professor Vai Io Lo