Melbourne Law School - Research Publications

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    Seeing Green: Prevalence of environmental claims on social media
    Gupta, C ; Bagnara, J ; Parker, C ; Obeid, AK (Consumer Policy Research Centre and ARC Centre of Excellence for Automated Decision Making and Society, 2023-11-21)
    Green claims are everywhere, even on social media. But how easy is it for consumers to tell the difference between a genuine environmental claim and a meaningless one? CPRC, in partnership with ADM+S, has analysed over 20,000 impressions of more than 8,000 Facebook ads with green claims. This report: • highlights the diversity of environmental claims that are made via social media advertising • explores the sectors where environmental claims are most prevalent • examines the frequency of generic environmental terms, specific colours and even emojis used in advertising.
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    CELIS Country Report on Australia, 2023
    Voon, T (CELIS Institute, 2023)
    Australia was one of the first countries to introduce a mechanism for the ‘screening’ or approval of inward foreign investment, in the 1970s. The mechanism has evolved over time, most recently since the COVID-19 pandemic began in 2020. It purports to reflect Australia’s welcoming of inward foreign investment — consistent with a longstanding commitment to an open economy — while retaining controls to restrict investment. Australia has in recent years expanded foreign investment screening to encompass a broader range of security-related matters as well as the potential for ‘retrospective’ review of existing investments on national security grounds. These security-specific developments build on the general ‘national interest’ test that continues to apply in most cases, which incorporates national security as only one of a range of factors considered. Although Australia’s regime is elaborated in detail in legislation and regulations, some important aspects, including the meaning of national security and the national interest, are explained only in policy documents rather than in law. This aspect of the Australian system increases the discretion of the Treasurer in making relevant decisions, as does the limited transparency of decision-making, regarding not only public notices but also non-disclosure of certain information to the investor applicant.
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    Review of literature on impacts of climate litigation
    Peel, J ; Palmer, A ; Markey-Towler, R (Children’s Investment Fund Foundation, 2022-05-17)
    This report for the Children’s Investment Fund Foundation (CIFF) reviews the findings of academic and grey literature published over the period 2000-2021 on the impacts of climate change litigation. Climate change litigation is variously defined in the literature and may include interventions before courts, tribunals and complaints bodies where climate change is central or peripheral to any given complaint. Impacts are also understood differently in the literature. Broadly, the impacts of climate change litigation encompass the aftermath or follow-on events, actions or changes flowing from a case or proceeding, which can include direct legal, regulatory, policy and behavioural changes, as well as indirect effects on the conduct or actions of government, corporate, civil society and public actors.
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    Laying the foundation for gender equality in the public sector
    Ryan, L ; Blackham, A ; Ainsworth, S ; Ruppaner, L ; Gaze, B ; Yang, E ( 2021)
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    Sexual Offences: Discussion Paper Volume 2: Offences and Maximum Penalties
    Walvisch, J ; Blackburn, A (Law Reform Commission of Western Australia, 2023-02)
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    Project 113 Sexual Offences: Discussion Paper Volume 1: Objectives, Consent and Mistake of Fact
    Walvisch, J ; Blackburn, A (Law Reform Commission of Western Australia, 2022-12)
    Volume 1 of the Discussion Paper addresses the law of consent and the mistake of fact defence. It also considers issues relating to objectives and guiding principles, jury directions, special verdicts and the implementation and monitoring of reforms.
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    Sexual Offences: Discussion Paper Volume 1: Objectives, Consent and Mistake of Fact
    Walvisch, J ; Blackburn, A (Law Reform Commission of Western Australia, 2022-12)
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    Europe´s Third Way to Technological Sovereignty. A Critique
    Jimenez, A ; Cancela, E (Transform Europe, 2022)
    The European Union is witnessing a radical epistemic and societal change. The way we communicate, produce, socialise, and even govern, are being shaped by privately owned digital infrastructures. People in places as different as Spain and Poland are funneled through the same private conducts to culture, jobs and potential romantic partners. An ultralibertarian version of capitalism has been able to own the public sphere. Data, an abstract, inasible and imprecise concept, has be come key to understanding the conditions enabling the (re)production of capital. Recently, discourses on European digital sovereignty have gained momentum. Faced with an enormous pressure from franco-German national industries to ad vance their interests in the digital economy in the face of Trump's protectionist offensive and the enveloping opening of Xi Jinping, the EU is trying to impose an idea that takes us back to his foundational scenario: the promotion of greater competition will bring about the flourishing of European giants. We propose instead a Democratic Technological Development not shaped by market rules, but inspired by the ideas of solidarity, cooperation and wealth distribution. A community centered technological development built on the basis od democratic digital infrastructures. A fair ecosystem where vast networks of cooperatives can flourish. A space where the logic underpinning digital services is that of the common well-being, the respect for fundamental human rights, and not the profits of shareholders. A space where concepts such as digital economy does not equate with disinformation, data and resource extractivism or algorithmic discrimination.
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    Coercive Control and Judicial Education: A Consultation Report
    Douglas, H ; Ehler, H (Australasian Institute of Judicial Administration, 2022-06-01)
    The authors interviewed 28 judicial officers and 5 research experts to explore how best to present information about coercive control in the National Domestic and Family Violence Bench Book and to understand what information is needed by judicial officers to better understand coercive control. This Report outlines the findings.