scholarly journals Special Issue: Hidden Criminalisation—Punitiveness at the Edges: Guest Editors’ Introduction

Author(s):  
Julia Quilter ◽  
Luke McNamara

This special issue had its origins in a workshop on criminal law and criminalisation which we co-convened, and our law schools co-hosted, in 2017. That workshop was the fourth in what has become an annual event in Australia (starting with a Sydney Law School-hosted event in 2014 (see Crofts and Loughnan 2015)). These workshops came into being because of a recognised gap in the Australian scholarly environment: a place for criminalisation scholars to share, discuss and receive feedback on their work (see also Anthony and Croft 2017; Henderson 2016). To access the full text of the guest editor's introducton to this special issue on 'Hidden Criminalisation—Punitiveness at the Edges', download the accompanying PDF file.

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Emma Henderson

This Special Issue of Law in Context is comprised of articles developed at the 2015 Criminal Law Workshop, co-hosted by the La Trobe University and Melbourne University Law Schools. This annual workshop brings together criminal law academics from across Australia and New Zealand, and results in a day of intense, diverse, and fascinating discussion about contemporary criminal law issues. This collection of articles is accordingly wide-ranging. From the creation of new offences dealing with contemporaneous political panics (such as one-punch homicides and the spectre of out-of-control teenagers using social media to gatecrash suburban parties) and new processes such as paperless arrest warrants, to the re-purposing of old crimes (consorting, conspiracy) and processes (such as bail) in the service of new targets of social/political concern (bikies, domestic violence perpetrators), the articles in this Special Issue interrogate the boundaries of the criminal law and the extent to which it can or should legitimately be used as a tool to police the margins of society.


Author(s):  
Kelly Gallagher-Mackay

AbstractThe Nunavut Land Claim Agreement commits federal and territorial governments to the recruitment and training of Inuit for positions throughout government. In the justice sector, there is currently a major shortage of Inuit lawyers or future judges. However, there also appears to be a fundamental mismatch between what existing law schools offer and what Inuit students are prepared to accept. A northern-based law school might remedy some of these problems. However, support for a law school requires un-thinking certain key tenets of legal education as we know it in Canada. In particular, it may require a step outside the university-based law school system. Universities appear to be accepted as the exclusive guardian of the concept of academic standards. Admission standards, in particular, serve as both a positivist technology of exclusion, and a political rationale for the persistence of majoritarian institutions as the major means of training members of disadvantaged communities. Distinctive institutions – eventually working with university-based law schools – have the potential to help bridge the education gap between Inuit and other Canadians. In so doing, they have the potential to train a critical mass of Inuit to meaningfully adapt the justice system to become a pillar of the public government in the Inuit homeland of Nunavut.


Author(s):  
Luis E. Chiesa

As the contributions to this two-part special issue demonstrate, Spanish and Latin American criminal theory has attained a remarkable degree of sophistication. Regrettably, Anglo-American scholars have had limited access to this rich body of literature. With this volume, the New Criminal Law Review has taken a very important first step toward rectifying this situation. Although the articles written for this special issue cover a vast range of subjects, they can be divided into four main categories: (1) the legitimacy of the criminal sanction, (2) the punishability of omissions, (3) the challenges that international criminal law and the fight against terrorism pose to criminal theory, and (4) the theory of justification and excuse. The articles pertaining to the first two categories will appear in the first half of this special issue (Volume 11, Number 3) and the pieces belonging to the third and fourth categories will be published in the upcoming second half (Volume 11, Number 4). In accordance with this general structure, in the pages that follow I will provide a brief summary and critique of the pieces contained in both parts.


2019 ◽  
Vol 88 (2) ◽  
pp. 336-344
Author(s):  
Andrew C. Isenberg

Seventy years ago, Pacific Historical Review published one of the journal’s first “special issues,” looking back on the California Gold Rush. The special issue came at a significant transitional moment in the study of the Gold Rush. In the late 1940s, historians had begun to turn away from nationalist and celebratory accounts of the Gold Rush and toward more critical perspectives. The influence of the World War II was acute, particularly in encouraging a more international perspective on the Gold Rush. (The full text of the 1949 special issue, “Rushing for Gold,” is available at http://phr.ucpress.edu/content/18/1.)


2020 ◽  
Vol 29 (2) ◽  
pp. 5-18
Author(s):  
Jamie Cameron*

In 1985, it was largely unknown how the Supreme Court of Canada would respond to the Charter.1 At first glance, a drugstore’s right to be open for business on Sunday, selling groceries, plastic cups, and a bicycle lock, seemed an unlikely source of inspiration for the Court’s first pronouncement on the essence of freedom. Perhaps unexpectedly, the justices enforced the entitlement, finding that a Sunday closing law compelling a corporation to comply with the Christian Sabbath infringed section 2(a)’s guarantee of religious freedom.2 In doing so, R v Big M Drug Mart defined freedom as “the absence of coercion or constraint,” stating without equivocation that no one who is compelled “to a course of action or inaction” is “truly free”.3 In Justice Dickson’s considered view, coercion includes “blatant forms of compulsion”, such as “direct commands to act or refrain from acting on pain of sanctions”, as well as forms of indirect control.4 In plain and unmistakeable terms, Big M promised that, under the Charter, “no one is to be forced to act in a way contrary to his beliefs or conscience”.5   * Professor Emeritus, Osgoode Hall Law School. I thank Kate Bezanson and Alison Braley-Rattai for includingme in this special issue of Constitutional Forum, and am grateful to Kate Bezanson for her comments onan earlier draft. I also thank Ryan Ng (JD 2021) for his valuable research assistance in the preparation ofthis paper. Finally, I note that I was a member of York University’s Free Speech Working Group in fall 2018.This paper does not in any way express the views of York University or the Working Group, which has longsince disbanded. 1Canadian Charter of Rights and Freedoms, s 2(a), Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (UK), 1982, c 11 [Charter].2R v Big M Drug Mart, [1985] 1 SCR 295, 18 DLR (4th) 321 [Big M].3Ibid at 336.4Ibid.5 Ibid at 337.


2014 ◽  
Vol 14 ◽  
pp. 61 ◽  
Author(s):  
Antoinette Sedillo Lopez ◽  
Cameron Crandall ◽  
Gabriel Campos ◽  
Diane Rimple ◽  
Mary Neidhart ◽  
...  

<p>Assessment of skills is an important, emerging topic in law school education. Two recent and influential books, Educating Lawyers published by the Carnegie Foundation and Best Practices in Legal Education, published by the Clinical Legal Education Association have both suggested dramatic reform of legal education. Among other reforms, these studies urge law schools to use “outcome-based” assessments, i.e., using learning objectives  and assessing knowledge and skills in standardized situations based on specific criteria, rather than simply comparing students’ performances to each other. </p>


2017 ◽  
Vol 48 (2) ◽  
pp. 225
Author(s):  
Lorne Sossin

Legal education is in the midst of a range of challenges and disruptions. This address outlines these dynamics, and explores the potential of social innovation as a model for law schools which both responds to current challenges and enhances resilience in the face of disruption. By reframing legal education as facing outward, and advancing its public interest mandate through partnerships, collaboration and academic initiatives designed to solve social problems, law schools can enhance the student learning experience, generate new forms of legal knowledge and thrive at a time of rapid change. Address delivered at the Australian Law Teachers Association (ALTA) 2016 Conference in Wellington on 8 July 2016.


2010 ◽  
Vol 38 (4) ◽  
pp. 863-870 ◽  
Author(s):  
Marshall B. Kapp

Thirty years ago when I, an attorney, took a tenure-track faculty position at an innovative, newly opened medical school, I was an oddity — truly, a stranger in a strange land. Today it is not uncommon for American medical schools to employ an attorney as a tenured or tenure-track member of its faculty. Over these last three decades, the educational roles and responsibilities of health law faculty who teach in law schools have become increasingly well defined, with numerous health law courses and textbooks now generally accepted as part of the typical law school curriculum. However, the roles and responsibilities of attorney faculty members who teach in medical schools remain less clearly defined and likely are more individualized to the particular medical schools in which they teach. This essay explores some of the challenges and the opportunities which are given to attorney faculty members who teach in medical schools.


2021 ◽  
Vol 10 (1) ◽  
pp. 1-2
Author(s):  
Asmadi Hassan ◽  
Geetha Govindasamy

The abstract is not available. To access, please order the printed version or browse the full-text version of this article.


2021 ◽  
pp. 096100062110367
Author(s):  
Siviwe Bangani ◽  
Michiel Moll

The study employed bibliometrics methods to analyse the scattering of 596 journals cited in legal master’s theses and doctoral dissertations in three South African law schools from 2014 to 2018. In addition, the study included an analysis of the extent of citation of different sources and examined the effect of use of non-legal journals by law students. It was found that students used 449.2 documents on average in writing a doctoral dissertation and 110.9 references per master’s thesis. Journals received more citations than any other document formats although 16 master’s theses were completed without citing a single journal. Generally, the journals cited in legal theses and dissertations conform to Bradford’s Law but they differ in their level of conformity by law school. There was a high degree of overlaps between Zone 1 journals in the three law schools. All journals in the core lists were available in all the law schools which was attributed to the strength of collections in these schools. The results support the application of bibliometric analyses to legal master’s theses and doctoral dissertations to make collection development decisions. In making those decisions, however, law librarians would have to look beyond the Zone 1 journals of their own institution for wider access. These results also serve as a caution to law librarians to look beyond the traditional law journals in de/selecting journals, as some of the non-legal journals in this study made it to the core list of cited periodicals. Furthermore, this study points to the strength of library collections in the top law school libraries in the country.


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