Jelena Gligorijevic

Lecturer
LLB (First Class Honours) (Cantuar.); BA (German; Political Science) (Cantuar.); LLM (First Class) (Cantab.), PhD candidate (Law) (Trinity College, Cambridge); AFHEA; Barrister and Solicitor of the High Court of New Zealand.
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Biography

Jelena holds an LLB(First Class) and BA(German, and Political Science) from the University of Canterbury, New Zealand, and an LLM(First Class) from the University of Cambridge. She was awarded the Hollond-Whittaker Studentship in Law by Trinity College, Cambridge, to pursue her doctoral studies there, commencing October 2016. She submitted her thesis in July 2019, before joining the ANU as a Lecturer in Law.

Jelena’s doctoral thesis, “A more principled approach to the conflict between privacy and freedom of expression in the law of misuse of private information”, examines the resolution of cases in misuse of private information, with a view to making judicial reasoning more transparent, principled and consistent. She applies analytic philosophy and the concept of rights-conflicts, arguing courts must approach such cases with a method of reasoning that is clearly anchored in the normative underpinnings of the conflicting rights. She explores different theories of rights-conflict resolution and the philosophical underpinnings of privacy and freedom of expression, before critiquing current doctrine, finding it to be dominated by utilitarian considerations of the ‘public interest’, and ultimately disengaged from the two rights. She argues for a re-orientation of the common law to the very rights which it purports to protect, and proposes a new “tailored proportionality-optimality method”, for adjudicating informational privacy.

During her time at Trinity, Jelena received grants from the Rouse Ball/Eddington Funds, Hollond Fund, and Yorke Fund, to pursue, and present internationally, her other and related research, on children’s privacy (Trinity College Dublin), conflicts of fundamental rights (Society of Legal Scholars Conference, QMUL), policing speech (McGill University, Montreal), and proportionality in rights-based private law adjudication (Public Law Conference, Melbourne University). Her article on children’s privacy and parental control was published in the Human Rights Law Review, and her article on privacy, public law and private law was published in Public Law. She has also published in the Journal of Media Law, on open justice, privacy and freedom of expression.

Jelena’s 2019 UKCLA note, ‘Unconstitutional Abuse of Parliamentary Privilege’, was cited by the Lord Chief Justice of England and Wales in his address to the Commonwealth Law Conference.

Jelena has been invited to present her work to the Cambridge Centre for Public Law; the Cambridge Forum for Legal and Political Philosophy; Westfälische Wilhelms-Universität, Münster; KU Leuven; Università Degli Studi di Genova; and the Trinity Forum.

Between undergraduate and graduate study, Jelena practised in a commercial law firm in Wellington, New Zealand, specialising in public law, international trade, parliamentary process and executive decision-making. During this time she wrote in favour of legislative reaffirmation of parliamentary privilege in New Zealand.

Appointments

Jelena sits on the Editorial Board of the Federal Law Review.

Significant research publications

  • J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.

  • J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

  • J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

  • J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.

Blog posts:

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Jelena’s current research projects include the following areas: the moral right to freedom of expression; judicial power, democratic accountability, and the royal prerogative; a tort of interference with privacy for Australia; and the function of parliamentary privilege.

While at Cambridge, Jelena was a researcher at the Centre for Intellectual Property at Information Law, where she conducted research into the free speech implications of the EU General Data Protection Regulation (‘GDPR’).

Research projects & collaborations

J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.

J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

J Gligorijevic “Parliamentary privilege reaffirmed” [2014] NZLJ 393.

Grants

Rouse Ball / Eddington Funds (UK; for non-doctoral thesis research into: children’s privacy, the right to privacy and public law, and harmful expression; 2017, 2018).

Hollond Fund (UK; for non-doctoral thesis research into: children’s privacy, the right to privacy and public law, and harmful expression; 2018).

Yorke Fund (UK; for non-doctoral thesis research into the right to privacy and public law; 2017).

Hollond-Whittaker Research Studentship in Law (UK; for doctoral thesis; 2016-2019).

LB Wood Fund (NZ; for Masters-level research in the UK; 2015-2016).

Gordon Watson Fund (NZ; for Masters-level research in the UK; 2015-2016)

Chevening Fund (UK; for Masters-level research in the UK; 2015-2016)

Refereed journal articles

J Gligorijevic "Children’s privacy: The Role of Parental Control and Consent" (2019) 19(2) Human Rights Law Review 201-229.

J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580.

J Gligorijević “Publication restrictions on judgments and judicial proceedings: problems with the presumptive equivalence of rights” (2017) 9(2) Journal of Media Law 215-231.

Conference papers & presentations

“Privacy, freedom of expression, and English common law”, Trinity College, Cambridge, June 2019.

“Critique of: J Waldron, The Harm in Hate Speech (2012, HUP, Cambridge, Mass.)”, Cambridge Forum for Legal and Political Philosophy (by invitation), January 2019.

“Privacy and freedom of expression after Sir Cliff Richard v BBC [2018] EWHC 1837 (Ch)”, Cambridge Centre for Public Law (by invitation), October 2018.

“Recognising and confronting conflicts between human rights”, Society of Legal Scholars Conference, Queen Mary University London, September 2018.

“Privacy at the Frontiers of Public Law” Public Law Conference, University of Melbourne, July 2018

“Policing speech”, McGill University, Montreal, May 2018.

“Children’s privacy: the role of parental control and consent”, Trinity College Dublin, February 2018.

“The judicial approach to the conflict between privacy and freedom of expression in English law”, KU Leuven, March 2018.

“Critique of: A Preda “Are there any conflicts of rights?” (2015) 18 ETMP 677”, Cambridge Forum for Legal and Political Philosophy (by invitation), December 2017.

Other

J Gligorijević “Forcing online platforms to remove footage of violent attacks: could privacy help?”, 21 March 2019, Inforrm’s Blog (accessible at https://inforrm.org/2019/03/21/forcing-online-platforms-to-remove-footage-of-violent-attacks-could-privacy-help-jelena-gligorijevic/)

 

J Gligorijević “Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege”, 29 October 2018, UK Constitutional Law Association Blog (accessible at: https://ukconstitutionallaw.org/2018/10/29/jelena-gligorijevic-breaching-injunctions-in-parliament-an-unconstitutional-abuse-of-parliamentary-privilege/)

 

J Gligorijević “Upholding celebrities’ privacy and problematising news media claims to freedom of expression: Sir Cliff Richard v BBC”, 29 July 2018, Inforrm’s Blog (accessible at https://inforrm.org/2018/07/29/upholding-celebrities-privacy-and-problematising-news-media-claims-to-freedom-of-expression-sir-cliff-richard-v-bbc-jelena-gligorijevic/)

MPhil supervision

Jelena welcomes research applications from MPhil students. She is particularly interested in applications from students pursuing projects in constitutional law, tort law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.

LLM Masters thesis supervision

Jelena welcomes research applications from LLM students. She is particularly interested in applications from students pursuing projects in constitutional law, tort law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.

Honours thesis supervision

Jelena welcomes research applications from LLB (Hons) students. She is particularly interested in applications from students pursuing projects in constitutional law, tort law, media law and legal theory; and, specifically, projects relating to defamation, privacy, freedom of expression, parliamentary processes and privileges, rights adjudication, and analytic philosophy in the law.

Current courses

Year Course code Course name
2020 LAWS8243
Class #9529
Freedom of Information
2020 LAWS8402
Class #6730
Media Law

Past courses

At Cambridge, Jelena taught in:

  • Constitutional Law
  • Civil Liberties and Human Rights
  • Law and Information

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