Associate Professor Mark Nolan SFHEA

Associate Professor
BSc (hons), LLB, Master of Asia Pacific Studies, PhD (ANU)
+61 2 6125 8354
0401 934 344
Room 110

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Biography

Associate Professor Mark Nolan is an interdisciplinary legal scholar with doctoral training in social psychology. He researches criminal law and procedure including codified Australian federal criminal law (such as counter-terrorism law and human trafficking) and military discipline law. He has also researched citizenship law, human rights law, intergroup relations, social justice theory, and sentencing law (via work with the National Judicial College of Australia).

Beyond producing two books, 11 journal articles and 7 book chapters, Mark has presented more than 60 research- based seminars over the past decade to university students in law and/or psychology, judges, psychologists, psychiatrists, policy makers and prisoners.

Mark has contributed to or hosted national and international research meetings on jury reform, focusing on jury law and policy in Australia, Japan and Korea.

Mark has completed staff research exchanges in Japan (Chuo University) and research training in Myanmar (University of Yangon), as well as delivering research presentations in Thailand (Chulalongkorn and Thammasat Universities). Mark holds a Masters of Asia Pacific Studies from the ANU, majoring in Thai language.

Mark was the inaugural ACT Branch President of the Australian and New Zealand Association of Psychiatry, Psychology and Law from 2012-2015. Since 2012 he has organised a program of research presentations and conferences for ANZAPPL (in 2015, jointly hosted by the Faculty of Forensic Psychiatry of the Australian and New Zealand College of Psychiatrists). He is currently Secretary of the binational organisation ANZAPPL Inc and is an Ordinary Member on the Committee of ANZAPPL ACT.

Appointments

Present appointments

  • Director of the Juris Doctor Programs

Former appointments

  • Associate Dean (Education)
  • Chair of the ANU College of Law Education Committee
  • Member of the ANU University Education Committee (UEC)
  • Member of the ANU UEC Sub-Committee on Education Standards and Quality
  • Research Integrity Advisor
  • Director of Higher Degree Research Program
  • Chair of the Higher Degree Program Committee
  • Member of the ANU UEC Sub-Committee on Higher Degree Research
  • Member University Information Technology Committee, Chair of the College Information Technology and Communications Committee
  • Chair of the ANU College of Law Human Research Ethics Committee
  • Member of the College Education Committee
  • Member of the College Research Committee
  • Member of the National Judicial College of Australia Conference Organising Committee

Awards

Year Title
2016 ANU College of Law Award for Excellence in Supervision

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2014 ANU Last Lecture Nomination

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2013 ANU College of Law Dean's Cup for Collegiality
2004 ANU College of Law Dean's Cup for Collegiality

Significant research publications

  • M Nolan and J Goodman-Delahunty, Legal Psychology in Australia (Pyrmont: Lawbook, Thomson Reuters, 2015; xxix + 469pp). http://www.thomsonreuters.com.au/legal-psychology-in-australia/productdetail/122365
  • F Jenkins, M Nolan, and K Rubenstein, Allegiance and Identity in a Globalised World (Cambridge: Cambridge University Press, 2014; xx + 675pp). http://ebooks.cambridge.org/ebook.jsf?bid=CBO9781139696654&viewAllRefFlag=true
  • C McKay, MA Nolan, M Smithson, 'Effectiveness of Question Trails as Jury Decision Aids: The Jury's Still Out' (2014) 21(4) Psychiatry, Psychology and Law 492-510.
  • MA Nolan, 'Review Essay: The Constitutional System of Thailand: A Contextual Analysis' (2012) 13(1) Australian Journal of Asian Law (available via SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2159591, 8 pp pdf)
  • MA Nolan, 'Counter-terrorism, Interviewing, and Investigative Interoperability: R v ul-Haque [2007] NSWSC 1251' (2009) 16(2) Psychiatry, Psychology, and Law 175-190.
  • MA Nolan and PJ Oakes, 'Human Rights Concepts in Australian Political Debate' in T D Campbell, J Goldsworthy and A Stone (eds.), Protecting Human Rights: Instruments and Institutions (Oxford: Oxford University Press, 2003) 75-92.

Read selected publications in the ANU Digital Collection

Recent news

06
Jul
2017
child buries face in hands
The Royal Commission into Institutional Responses to Child Sexual Abuse has released a new research report about how memory affects child sexual abuse prosecutions.
21
Apr
2017
Girl with sun in the background
ANU Law Associate Professor Mark Nolan, Professor Jane Goodman-Delahunty from Charles Sturt University and Dr Evianne Van Gijn-Grosvenor, a PhD graduate from the University of Cambridge have co-chaired a public roundtable discussion on Memory of Childhood Sexual Abuse and the Law for the Royal Commission.

In the Media

26
Jul
2016
Mark Nolan interviewed by ABCTV's Lateline
1
Apr
2016
What it's like to sweat under the interrogation lamp?
Mark Nolan interviewed by ABCTV's Lateline
31
Mar
2016
Mark Nolan interviewed by ABCTV Lateline
11
Dec
2015
COAG plan for indefinite detention of terrorists
Mark Nolan interviewed by Laura Jayes Skynews Newsday

Past events

27
Jun
2017
Teaching and Learning Forum
1.00PM to 2.00PM Teaching and Learning Forum

Several colleagues will share their ideas about requiring  students to reflect on their learning as part of course assessment.

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

Read selected publications in the ANU Digital Collection

Research biography

Associate Professor Mark Nolan is an interdisciplinary legal scholar with doctoral training in social psychology. He researches criminal law and procedure including codified Australian federal criminal law (such as counter-terrorism law, human trafficking and slavery law, and cybercrime) and military discipline law. He has also researched citizenship law, human rights law, intergroup relations, social justice theory, and sentencing law (via work with the National Judicial College of Australia).

Beyond producing two books, 11 journal articles and 7 book chapters, Mark has presented more than 60 research- based seminars over the past decade to university students in law and/or psychology, judges, psychologists, psychiatrists, policy makers and prisoners.

Mark has contributed to or hosted national and international research meetings on jury reform, focusing on jury law and policy in Australia, Japan and Korea.

Mark has completed staff research exchanges in Japan (Chuo University) and research training in Myanmar (University of Yangon), as well as delivering research presentations in Thailand (Chulalongkorn and Thammasat Universities). Mark holds a Masters of Asia Pacific Studies from the ANU, majoring in Thai language.

Mark is the inaugural ACT Branch President of the Australian and New Zealand Association of Psychiatry, Psychology and Law. Since 2012 he has organised a program of research presentations and conferences for ANZAPPL.

Research projects & collaborations


Grants

  • Mark Nolan, Understanding the Link Between “Victim” and Perpetrator Status for Thai Women Convicted of Trafficking and Enslaving Thai Women in Australia (ANU College of Law Small Grant Scheme, 2016, $3963.60)

 

  • Andrew Byrnes, Simon Bronitt, Miriam Gani, Russell Hogg, Penelope Mathew, Mark Nolan, and Gabriele Porretto,  Terrorism and the Non-State Actor After September 11: The Role of Law in the Search for Security. Discovery Project (DP0451473) Funded by the Australian Research Council 2004-2007, $180 000.
    2004 : $60,000
    2005 : $60,000
    2006 : $60,000
    Summary: September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to accepted legal categories; debates around exceptionalism as a justification for new laws; their unintended and collateral consequences; and public attitudes to new security measures. The research will enhance understanding of current reactions to terrorism and inform policy analysis and public debate over appropriate future responses.

 

Consultancies

As ANU Consultancies

 

Under 52-day Rule

  • Australia Awards Indonesia Project, University of Queensland International Development Unit: Teaching  Indonesian officials from the Corruption Eradication Commission (from the Komisi Pemberantasan Korupsi, KPK) about research on investigative interviewing techniques at the Queensland Police Academy (with QPS and with colleagues from University of Queensland TC Beirne School of Law, Wed 21 October 2015; Wed 21 Sept 2016);
  • Department of Foreign Affairs and Trade project, ANU College of Law/ANUEdge: Teaching research skills to Masters and PhD students, and supervision management to supervisors from law schools in Myanmar at University of Yangon, 15 -19 June 2015);
  • National Judicial College of Australia project: Teaching unconscious bias and decision-making psychology to judicial officers in the National Judicial Orientation Program / Phoenix Judges Program / or ad hoc seminars in Darwin with former Justice Keith Mason (7 Sept 2009), in Glenelg with Justice Debra Mullins and Justice John Dowsett (22 May 2012), and in Broadbeach with Justice Monika Schmidt and Justice Stephen Rares (17 June 2014);
  • Family Court of Western Australia project: Teaching one day of sessions on witness reliability and credibility with Justice John McKechnie in Joondalap (30 Nov 2012);
  • National Judicial College of Australia project: Designing and delivering a witness reliability and credibility 2-day workshop for Australian judicial officers with a variety of judicial officers and psychologists at The Rocks, Sydney (May 17-18 2012), for ACT judicial officers with A/Prof Richard Kemp at ANU, Canberra (1 Dec 2014);
  • National Judicial College of Australia project: Editorial board, Commonwealth Sentencing Database https://njca.com.au/sentencing/ (ongoing)

Books & edited collections

 

Book chapters

  • Mark Nolan and Jane Goodman-Delahunty, 'Law and Psychology in Australia' in Mitsuyuki Inaba, Tatsuya Sato, Katsumi Matsumoto, Hiroyuki Shinoda, and Kosuke Wakabayashi (eds) Word Map Hou to Shinri-gaku [Word Map of Law and Psychology] (Tokyo: Shin-yo sha Co., in press).
  • Sarah Bishop and Mark Nolan, ‘The Criminal Justice Process of Thailand / Yaowalak Anuphan, Thai Lawyers for Human Rights, Bangkok” in Jane Goodman-Delahunty and Dilip K Das (eds) Trends in Legal Advocacy: Interviews with Prosecutors and Criminal Defence Lawyers Across the Globe (Volume 1, Boca Raton, FL: CRC Press/Taylor & Francis Group, 2017) 257-283.
  • Fiona Jenkins, Mark Nolan, and Kim Rubenstein, 'Introduction: Allegiance and Identity in a Globalised World' in Fiona Jenkins, Mark Nolan, and Kim Rubenstein (eds) Allegiance and Identity in a Globalised World (Cambridge: Cambridge University Press, 2014) 1-27.
  • MA Nolan, 'Jury Conduct' in R Chadwick (ed) Encyclopedia of Applied Ethics (Second Edition, Volume 2, San Diego: Academic Press, 2012) 794-800.
  • M Nolan and N Branscombe, 'The Human Self and Human Rights: Implications for the Psychological Continuity of Less Inclusive Selves' to appear in F Sani (ed) (2008) Self-continuity: Individual and Collective Perspectives (New York: Psychology Press) 201-211.
  • M Nolan, 'Lay Perceptions of Terrorist Acts and Counter-terrorism Responses: Role of Motive, Offence Construal, Siege Mentality and Human Rights' in M Gani and P Mathew (eds) Fresh Perspectives on the 'War on Terror' (Canberra: ANU ePress, 2008) 85-107.
  • MA Nolan, 'Social Science and Criminal Law Reform: Beyond Mere Opinion Polling and Penal Populism' in B McSherry, A Norrie and S Bronitt (eds), Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law (Oxford: Hart Publishing/Oñati International Series in Law and Society, 2009) 165-182.
  • M Platow, M Wenzel, and MA Nolan, 'The Importance of Intragroup and Intergroup Dynamics for Creating and Responding to Fairness' in SA Haslam, D van Knippenberg, M Platow and N. Ellemers (eds.) Social Identity at Work: Developing Theory for Organizational Practice (New York: Psychology Press, 2003) 261-276.
  • MA Nolan and PJ Oakes, 'Human Rights Concepts in Australian Political Debate' in T D Campbell, J Goldsworthy and A Stone (eds.), Protecting Human Rights: Instruments and Institutions (Oxford: Oxford University Press, 2003) 75-92

Refereed journal articles

  • Mark Nolan, Simon Rice, and Jeremy Boland, ''Improving Legal Literacy Among Prisoners: Social Justice Behind Bars’ (in preparation).
  • Charisse Smith and Mark Nolan, 'Post-sentence Continued Detention of High-risk Terrorist Offenders in Australia' (2016) 40(3) Criminal Law Journal 163-179.
  • C McKay, MA Nolan, M Smithson, 'Effectiveness of Question Trails as Jury Decision Aids: the Jury's Still Out' (2014) 21(4) Psychiatry, Psychology and Law 492-510.
  • J Gastil, H Fukurai, K Anderson, and M Nolan, 'Seeing Is Believing: The Impact of Jury Service on Attitudes toward Legal Institutions and the Implications for International Jury Reform' (2012) 48(5) Court Review 124-130.
  • MA Nolan, 'Review Essay: The Constitutional System of Thailand: A Contextual Analysis' (2012) 13(1) Australian Journal of Asian Law (available via SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2159591, 8 pp pdf)
  • MA Nolan and K Rubenstein, 'Citizenship and Identity in Diverse Societies' (2009) XV(1) Humanities Research 29-44.
  • MA Nolan, 'Counter-terrorism, Interviewing, and Investigative Interoperability: R v ul-Haque [2007] NSWSC 1251' (2009) 16(2) Psychiatry, Psychology, and Law 175-190.
  • K Anderson and MA Nolan, 'Lay Participation in the Japanese Justice System: A Few Preliminary Thoughts Regarding the Lay Assessor System (saiban-in seido) from Domestic Historical and International Psychological Perspectives' (2004) 37(4) Vanderbilt Journal of Transnational Law 935.

Conference papers & presentations

2017

M Nolan, 'To Prosecute or Not to Prosecute: Legal and Psychological Issues Relating to the Prosecution of Thai Women as Survivor-Perpetrators of Sex Slavery in Australia (Paper presented at Texas A&M Commerce, panel on trafficking and slavery, 15 February 2017).

M Nolan, 'Law at the Intersection of Psychology' (Paper presented as a lunchtime seminar to the student editorial board of the Law and Psychology Review, Faculty of Law, The University of Alabama (8 Feb 2017).

2016

M Nolan and Charisse Smith, 'Assessing Risk of Terrorist Recidivism and Evaluating Prison-Based Disengagement and/or Deradicalisation Treatment Programs: Are We Even Close to Being Ready For Continuing Detention Order Regimes For Terror Convicts' (Paper presented at the 36th ANZAPPL Annual Congress, The  Perils of Belief: Contending With the Consequences of Cults, Conspiracy and Contagion, Auckland, New Zealand, 24 November 2016 https://medium.com/@anzappl/.

M Nolan, "To Prosecute or Not to Prosecute: Legal and Psychological Issues Relating to the Prosecution of Thai Women as Survivor/Perpetrators in Australia." (Paper presented at the ANU Thai Researchers Seminar Series, Hedley Bull Centre, 15 November 2016).

M Nolan, 'Assessing Risk of Terrorist Recidivism and Evaluating Prison-Based Treatment Programs: Are We Even Close to Being Ready for Continuing Detention Order Regimes for Terror Convicts? (Paper presented at the 27th Annual Meeting of the International Police Executive Symposium 2016, George Washington University, Washington DC, 8-13 August 2016).

M Nolan and J Goodman-Delahunty, 'Experimentally-based Law Reform: Effective Integration of Legal Psychology' (Paper presented to the National Law Reform Conference, 14-15 April 2016, University House, The Australian National University, http://www.anu.edu.au/events/the-national-law-reform-conference)

2015

M Nolan, Counsel for the Attorney-General in Mock Continuing Detention Order Hearing A-G(Qld) v Nikora, 2 hour Feature Session, 35th Annual Congress of the Australian and New Zealand Association of Psychitary, Psychology and Law (jointly hosted with the Faculty of Forensic Psychiatry of the Royal Australian and New Zealand College of Psychiatrists, Hyatt Hotel Canberra, 28 Nov 2015) [also was the principal author of the mock hearing scenario].

J Boland, M Nolan, and S Rice, 'Improving Legal Literacy Among Prisoners: Social Justice Behind Bars' (Paper presented to the Justice and Hope session of the Justice Connections 4 Conference, University House, ANU Canberra, 20 Nov 2015).

MA Nolan, 'Legal Psychology in Australian Law Schools?: Reflecting on More Than a Decade of Experience' (Paper presented to the Teaching and Learning Seminar, University of New England, 12 Nov 2015).

MA Nolan,'Psychology of Investigative Interviewing' (Teaching of Indonesian Anti-Corruption Commission (KPK) staff at the Queensland Police Service Academy 21 October).

MA Nolan, 'Learning from Each Other: Should Psychological Research on All-Citizen Juries and Mixed Courts Be More Similar Than Different?' (Inivted Keynote Presentation to 9th Annual Conference of the East Asian Law and Psychology Association, Ritsumeikan University, Osaka Ibaraki Campus, Japan, 17-18 October, 2015).

MA Nolan, 'The Criminal Liability of Children: Comaparative and Psychological Perspectives' (Dinstinguished Scholars Lecture Series, Faculty of Law, Thammasat University, Bangkok, 14 August 2015).

MA Nolan, Participant in Roundtable Discussion, Concept of Lawyering and the Role of Lawyers in Anti-Trafficking Initiatives, 26th Annual Meeting of the International Police Executive Symposium, Police Governance and Human Trafficking, Ravindra Resort and Spa, Pattaya, Chonburi, Thailand, 8-12 August 2015).

MA Nolan, 'PhD and Masters by Research Skills in Law' (12 hours lectures for students and supervisors; DFAT-funded project for ANU staff to teach and research with colleagues at Faculty of Law, University of Yangon, Myanmar).

MA Nolan, 'Investigations Immunities and Determining the Duty of Care for Police in Tort' (2 hour lecture to 2nd year LLB students, Faculty of Law, University of Yangon, Myanmar, 17 August 2015);

MA Nolan, 'National and International Human Rights Regimes: Some Examples from Australia' (2 hour Lecture, Diploma of International Relations Students, Department of International Relations, University of Yangon, Myanmar, 19 June 2015).

2014

MA Nolan, 'Balancing Vulnerability and Responsibility: Human Rights, Psychology, and the Criminal Responsibility of Children in Comparative Perspective' (Paper presented at the Australian and New Zealand Association of Psychiatry, Psychology and Law, Annual Congress, Menzies Hotel, Sydney, 20 Nov 2014)

MA Nolan, 'Vulnerability and Responsibility: Human Rights and  the Criminal Responsibility of Children in Comparative Perspective' (Paper presented  to the Australian Psychological Society Professional Development seminar, Calvary Hospital, Canberra, 25 June 2014).

MA Nolan, "Unconscious Judicial Prejudice . . . and the Psychology  of (Judicial) Decision-Making" (Presentation with panel members Justice Monika Schmidt (NSWSC) and Justice Steven Rares (FCA) as part of the National Judicial Orientation Program, convened by the National Judicial College of Australia, Sofitel Hotel, Broadbeach, 17 June 2014).

MA Nolan, 'Should We Give Children a Doli?: Human Rights and the Criminal Responsibility in Comparative Perspective' (Paper presented to the Justice Connections Symposium III, University of Canberra, 30 May, 2014).

MA Nolan, 'Should We Give Children a Doli?: Human Rights and the Criminal Responsibility in Comparative Perspective' (Paper presented to the Early to Mid Career Research Workshop, Critical Approaches to Law, Governance and Development, ANU College of Law, 20-21 February 2014).

2013

MA Nolan, ‘Is There a Duty of Care Owed by Attending Police to a Mentally Ill Person in Crisis in the Community?’ (Paper presented at the 33rd ANZAPPL Annual Congress, Human Frailties, Human Rights, Human Nature: Psychiatrists, Psychologists and Lawyers, Adelaide 28-30 November 2013).

MA Nolan, ‘Beyond “Mere Emotions”: Psychological Injury as Aggravated Assault  in Criminal Prosecutions’ (Paper presented at the Australian Psychological Society’s College of Forensic Psychologists Conference, Fremantle, 18-20 April 2013).

2012

MA Nolan, 'Promoting Soft Empty Hands Negotiation or Hands Now Tied? Tortious Liability for Negligent Interaction with a Mentally Ill Citizen in the ACT Case of Crowley' (Paper presented to the 'Policing' session of the 32nd Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law, Melbourne, 23-25 November 2012).

MA Nolan, 'Intoxication Under the Commonwealth Criminal Code: Between the Rock of O'Connor and the Hard Place of Majewski' (Paper presented to the Works in Progress Seminar Series, ANU College of Law, 18 October 2012).

MA Nolan, "Unconscious Judicial Prejudice" (Presentation with panel members Justice John Dowsett (FCA) and Justice Debra Mullins (QSC) as part of the National Judicial Orientation Program, convened by the National Judicial College of Australia, Glenelg Pier Hotel, Glenelg, 22 May 2012).

MA Nolan, 'Intoxication Under the Commonwealth Criminal Code: Between the Rock of O'Connor and the Hard Place of Majewski' (Paper presented to the University of Newcastle Law School's Research Network, 28 March 2012, Newcastle Law Clinic).

2011

MA Nolan, 'Jury Research: Use of Question Trails in Decision Making' (Paper presented at Australian Association of Crown Prosecutors Annual Conference, National Portrait Gallery, Canberra, 7 July 2011).

MA Nolan, 'Political Protest or Terrorism: Terrorism Charges Against the Red and Yellow Shirts' (Paper presented at Seminar Thailand at the Limit: One Year After the April-May 2010 Protests, Hedley Bull Lecture Theatre, ANU, organised by Dr Tyrell Haberkorn, ANU College of Asia and the Pacific, 5 May 2011.

MA Nolan, 'Collaborative Teaching of Comparative Law' (Paper presented at the 2nd Law Deans' Meeting of the Association of Pacfic Rim Universities, Tsinghua University, Beijing, China, 22 April, 2011.

MA Nolan, 'Special Verdict Forms in Criminal Jury Deliberations: Their Social Psychological Impact and Legal Controversy' (Paper presented to the Jury Research Symposium (Dr Blake McKimmie, Chair), 40th Annual Meeting of the Society of Australasian Social Psychologists, Manly Pacific Novotel, 16 April 2011).

MA Nolan, 'Identifying Your Prejudices To Ensure Decisions Are Free of Bias' (Presentation in the Legalwise Decision Making and Judgment Writing Workshop, Thursday 10 March 2011, UNSW CBD Campus).

2010

MA Nolan, 'Constructing Models of Law School Curricula and Teaching in Times of Global (and Domestic) Financial Crises' (Paper presented at the Inaugural Law Deans' Meeting of the Association of Pacific Rim Universities, Faculty of Law, Chulalongkorn University, Bangkok, Thailand, 15 October 2010)

MA Nolan, 'Psychological Harm and the Criminal Law: Should the Risk of Causing Psychological Harm Help to Define Terrorist Acts?' (Seminar to be presented at the ARC Centre of Excellence in Policing and Security (CEPS), Mt Gravatt campus, Griffith University, 1 September 2010).

MA Nolan and Jacqui Field, 'Citizenship, Allegiance, and Multiple Identity: Social and Developmental Psychological Research with Adults and Children' (Presentation to Centre for International and Public Law Workshop on Allegiance and Identity in a Globalised World, 19-21 July 2010, The Australian National University).

MA Nolan, 'Psychological Harm and Criminal Liability: From Assault to Terrorism Offences' (Paper presented in the International Association of Applied Psychology Division 10 Psychology and Law invited Symposium (Chair: Prof Jane Goodman-Delahunty), 'Social Cognitive and Legal Psychological Perspectives on Counter-Terrorism: Innovations in Theory and Research', 12 July 2010, 27th International Congress of Applied Psychology, 11-16 July 2010, Melbourne Convention and Exhibition Centre).

MA Nolan, 'Beyond Legal Research: Reflections on Interdisciplinary Research . . . by a Legal Psychologist' (Paper presented at the National Graduate Law Conference, The Other Side of the Law: Beyond Legal Research, 8-9 July 2010, Hedley Bull Centre, The Australian National University).

2009

MA Nolan, 'Diversity and Citizenship' (Presentation at the 14th Annual Public Law Week-End, Change, in the panel titled Law, Constitutions and Changes in the Population (13 November 2009).

MA Nolan, 'Unconscious Prejudice and the Psychology of Judicial Decision-making' (Presentation to the National Judicial College of Australia's Judicial Seminar, Parliament House, Darwin, 7 September 2009).

MA Nolan, 'Reflections About Interdisciplinary Research by a Legal Psychologist' (Presentation to National Graduate Research Workshop: Interdisciplinary Methods, National Europe Centre, Canberra, 27 August 2009).

MA Nolan (and Prita Jobling), 'To Shoot or Not to Shoot: Legal Psychological Perspective on the Use of Lethal Force Decision-Making' (Presentation to the Australian Association of Forensic Sciences - ACT Chapter Meeting, University House, Canberra, 27 August 2009).

MA Nolan, 'Dual Identity: Psychological Perspectives' (Presentation alongside Prof Kim Rubenstein to University of the 3rd Age, Canberra, 18 August, 2009).

MA Nolan, 'Counter-terrorism, Interviewing, and Investigative Relationships: The ul-Haque Case Study.' (Paper presented at the Australian and New Zealand Association of Psychiatry, Psychology and Law, Seminar Part A Terrorism, Interrogation and Torture: International, Legal and Policy Implications, Sydney, 18 August, 2009).

MA Nolan, 'Legal Research . . . With Numbers: Survey Question Design, Analysis, and Reporting' (Presentation as part of the Research Design and Analysis Research Forum, ANU Collge of Law, Tuesday 12 May 2009).

MA Nolan, 'Case Commentary: Counter-Terrorism Interviewing and Investigative Interoperability: R v ul-Haque' (Paper presented at Crossing Borders: Promoting Regional Law Enforcement Cooperation: European, Australian and Asia-Pacific Perspectives conference, Australian National University, 8-9 April 2009).

MA Nolan, 'The New Criminal Jury System in Japan: Should Thailand Adopt It' (Paper presented as a Visiting Scholar, Faculty of Law, Chulalongkorn University, Friday 23 January, 2009).

2008

MA Nolan (with Deputy Chief Justice John Faulks, Family Court of Australia), 'Psychology of Judicial Decision-Making and Bias' (Session 11, National Judicial College of Australia, Phoenix Judges Program, Canberra, 22 May 2008).

2007

MA Nolan, 'Reintroducing a Criminal Jury in Japan: Reform Lessons For Us All? (Paper presented in the session 'Lay Participation in Australian and Japanese Justice #1' at the Japanese Law After Recession and Reform: Once Was Lost, Now Found, 5th Annual International Australian Network of Japanese Law conference, ANU, Canberra, 5-6 July 2007).

MA Nolan, 'Legal (Social) Psychology and Criminal Law Reform: Beyond Mere Opinion Polling and Penal Populism' (Paper presented at the Workshop on Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law, International Institute for the Sociology of Law, Onati, 14-15 June 2007).

MA Nolan, 'Reintroducing a Criminal Jury in Japan: Reform Lessons For Us All? (Paper presented at the Institute for Comparative Law in Japan, Chuo University, 5 June 2007).

MA Nolan, 'Measuring Support for Australian Counter-Terrorism Initiatives and Human Rights: The Impact of Offence Construal, Perpetrator Motive and Siege Mentality'. (Paper presented on 16 May 2007 to the UNSW School of Psychology Colloquium Series)

2006

MA Nolan, 'Citizenship Law and Identity: A View from Social Psychology.' (Panel Presentation in the Public Plenary Session 4 Who Are We?: How Law Constructs Identity,13 December at the 23rd Australasian Law and Society Conference Right or Racket?: The Protection of Law Wollongong, Australia,13-15 December 2006.)

MA Nolan, 'Measuring Support for Australian Counter-Terrorism Initiatives and Human Rights: The Impact of Offence Construal, Perpetrator Motive, and Siege Mentality.' (Paper presented on 11 November at the 26th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law, 9-12 November 2006, Lorne, Victoria, Australia)

MA Nolan, 'Measuring Support for Australian Counter-Terrorism Initiatives and Human Rights: The Impact of Offence Construal, Perpetrator Motive and Siege Mentality' (Paper presented at the 35th Annual Conference of the Society for Australasian Social Psychologists, 20-23 April 2006).

MA Nolan, 'Measuring Support for Australian Counter-Terrorism Initiatives and Human Rights: The Impact of Offence Construal, Perpetrator Motive and Siege Mentality' (Paper presented at the Expert Workshop "Ensuring Accountability: Terrorist Challenges and State Responses in a Free Society", National Europe Centre, ANU 20-21 April 2006. This workshop was funded by ARC Discovery Project grant DP0451473, the National Institute of Social Sciences and Law (ANU), the Academy of the Social Sciences in Australia, the National Europe Centre (ANU), the ANU College of Law, and the Centre for International and Public Law (ANU)).

2005

MA Nolan, 'Australian Attitudes Towards Counter-Terrorism: Perpetrator Motive, Offence Construal, Siege Mentality, and Human Rights Beliefs' (Paper presented at the 2nd Annual Spring Workshop, School of Psychology, ANU, Human Rights and Human Wrongs: Social Psychology Meets Law and Justice, 1-2 November 2005).

MA Nolan, 'Comparative Legal History of Counter-Terrorism Law in Australia and Japan: From the Hope Report to the CTC' (Paper presented at the Terrorism and Law Workshop, Gilbert+Tobin Centre of Public Law, University of NSW, Coogee Plaza Hotel, Coogee Beach, 20 June 2005).

MA Nolan, 'An Intergroup Approach to Human Rights Law: Benefits for Psychology and Law' (Paper presented in the Social Psychology seminar series, University of Kansas, 13 May 2005). MA Nolan, 'Legal Psychology and Japanese Jury Reform' (Paper presented in the Social Economic and Organistation Research Group seminar series, University of Exeter, 28 April 2005).

MA Nolan, 'Report From Chuo Exchange: New Japanese Quasi-Jury Trials and Relevance to Australia' (Paper presented in the ANU Faculty of Law Seminar Series, Canberra, 9 March 2005).

MA Nolan, 'Thoughts on Jury Composition and Decision Making in the Proposed Japanese saiban-in seido' (Paper presented to students and staff at the Chuo University Law School, Faculty of Law, Chuo University, Ichigaya Campus, Tokyo, Japan, 8 February 2005).

MA Nolan, 'Legal, Political, and Social Psychological Responses to Terrorism' (Paper presented at a Staff Seminar, Institute of Comparative Law in Japan, Faculty of Law, Chuo University, Tama Campus, Tokyo, Japan, 3 February 2005).

2004

S Fletcher, MA Nolan, and S Bronitt, 'CrimPro: Teaching Criminal Procedure Using a Video Recorded Case Study' (Paper presented by S Fletcher to the Australian Society for Computers in Learning and Tertiary Education Conference, "Beyond the Comfort Zone", Perth, 6 December 2004).

MA Nolan, 'Legal Responses to Political Violence and 'Terrorism': Is Social Psychology Relevant?' (Paper presented to the Groupthinktank Work in Progress Seminar Series, ANU School of Psychology, Canberra, 26 November 2004).

MA Nolan and K Anderson, 'Jury Composition and Decision Making in the Proposed Japanese Mixed Jury System' (Paper presented in D Tait (chair), 'Jury Systems and Representativeness' at the 3rd Annual Jury Research and Practice Conference presented by the National Court of the Future Network at University of Canberra, the University of Melbourne, and the National Institute of Judicial Administration, 19 November 2004).

MA Nolan, 'Putting Identification as a Human Rights Activist and Social Change Ideology Into Practice in Australia' (Paper presented to the ANU School of Psychology's First Annual Spring Workshop in Social Psychology "Expectations, Norms, and Ideologies", Canberra, 11 November 2004).

MA Nolan, 'Teaching Criminal Procedure With Film, Practitioners' Interviews and a WebCT Self-Study Module' (Paper presented at the Australasian Law Teachers Association (ALTA) Conference, Darwin, 9 July 2004).

2003

MA Nolan, 'Thinking Differently About Jury Deliberations and Mock Trialing' (Paper presented at the Jury Research Conference, Sydney, 17 October 2003. Conference was co-sponsored by the Institute of Criminology, University of Sydney and the National Court of the Future Project, University of Canberra.  

MA Nolan, 'Studying Lay Reactions to Australian Anti-Terrorism Legislation' (Paper presented at the 32nd Annual Meeting of the Society for Australasian Social Psychologists, Sydney, 26 April 2003).

MA Nolan, 'International Perspectives on Lay Participation in Justice: Is a Mixed Criminal Jury What Everyone Aims For?' (Paper presented at the Reforms and International Cooperation in the Western Pacific Rim conference, Osaka School of International Public Policy, Osaka University, Japan, 13 February, 2003).

2002

MA Nolan, 'Discrimination Between Women: Access to Assisted Reproductive Technologies in Australia Since 2000'. (Paper presented to the 10th Meeting of the Australian and New Zealand Society of International Law, Canberra, 15 June, 2002).

MA Nolan and PJ Oakes, 'Responding to Perceived Injustice With Human Rights: Strategic Thinking and Metastereotyping in the Australian Campaign for Access to Assisted Reproductive Technology' (Paper presented at the 8th Annual Meeting of the Society of Australasian Social Psychologists, in a symposium on 'Theory and research in social justice', Adelaide, 26 April 2002).

2001

MA Nolan, 'Human Rights Concepts in Australian Political Debate' (Paper presented to the Human Rights Protection: Boundaries and Challenges Workshop, St Kilda, 12-14 December, 2001).

MA Nolan, 'An Australian Mock Trial: Advocacy, instructions, addresses and the jury' (Paper presented at the Law Society of the ACT Seminar 'A Day of Crime in Canberra' in the session 'What makes juries tick?', Canberra, 28 November 2001.

MA Nolan, 'An Australian Mock Trial: Advocacy, Instructions, Addresses and the Jury' (Paper presented at the TAC Law Conference 2001, Melbourne, 5-6 October 2001).

MA Nolan, and PJ Oakes, 'Social Beliefs and the Construal of Human Rights: Perceptions of the Purpose of Human Rights in Response to Australian Mandatory Sentencing Laws' (Paper presented to the 6th Annual Meeting of the Society of Australasian Social Psychologists, Melbourne, 13-15 July 2001).

2000

MA Nolan and PJ Oakes, 'The Selection of Justice Norms in the Human Rights Context: Social Beliefs, Justice Norms, and Activist Identity' (Paper presented on invitation to the Spring Workshop in Social Psychology: Justice and Fairness. School of Psychology, La Trobe University, Melbourne, 27-28 November 2000).

D Abrams, S Duarte, S Guimond, C Mosso, MA Nolan, J-P Vernet, 'Status, Stability and System Justification: The Role of Identification and Social Dominance Orientation in Legitimating the System' (Paper presented on behalf of workshop group invited to attend a workshop on intergroup relations run by Dominic Abrams and Serge Guimond for the European Association of Social Psychology PhD Students' Summer School 2000, Clérmont Férrand, France, July 9-22, 21 July 2000).

1999

MA Nolan, and PJ Oakes, 'From Domestic to Transnational Identities: The Social Psychology of International Human Rights Law' (Paper presented at the 4th Annual Meeting of the Society of Australasian Social Psychologists, Coolum, 8-11 April 1999).

 

Commissioned reports


Government submissions

2016

2011

  • A consultation paper I completed for the Maritime Union of Australia has been cited as an attachment to a joint union submission (No. 15) to the "Inquiry into the adequacy of aviation and maritime security measures to combat serious and organised crime" being conducted by the Parliamentary Joint Committee on Law Enforcement. The Committee's examination of MUA witness Dean Summers who appeared at 8.45am on Friday 18 Feb 2011 includes references to my work: A consultation paper I completed for the Maritime Union of Australia has been cited as an attachment to a joint union submission (No. 15) to the "Inquiry into the adequacy of aviation and maritime security measures to combat serious and organised crime" being conducted by the Parliamentary Joint Committee on Law Enforcement. The Committee's examination of MUA witness Dean Summers who appeared at 8.45am on Friday 18 Feb 2011 includes references to my work: http://www.aph.gov.au/~/media/wopapub/senate/joint/commttee/J13415_pdf.ashx .

2009

  • Submission to the Comonwealth Attorney-General's Department commenting on discussion paper / exposure draft of amendments to national security legislation (with Miriam Gani, September 2009)

2006

  • Submission to the Legislative Assembly for the ACT Standing Committee on Legal Affairs on the Exposure Draft of the Terrorism (Extraordinary Temporary Powers) Bill 2005. (with Prof. Simon Bronitt, Miriam Gani, and Prita Jobling. Report of the Standing Committee published 28 February 2006.

2005

  • Submission to Senate Legal and Constitutional Legislation Committee Inquiry on the Anti-Terrorism Bill (2005) (Cth) (with Prof Simon Bronitt, Miriam Gani, and Dr John Williams, published as submission No 210.

2001

  • Submission to Joint Standing Committee on Foreign Affairs, Defence and Trade (Cth) inquiry 'Australia's Role in United Nations Reform' (Reported June 2001).
  • Submission to Standing Committee on Law and Justice (NSW) inquiry 'A NSW Bill of Rights' (Report No. 17, October 2001).

Committees

External Organisations

  • ACT Legal Aid Forum - Alexander Maconochie Centre Prisoners' Legal Services Working Group (2013)
  • National Judicial College of Australia and ANU College of Law annual joint conference organising committee (2006-present)

Internal ANU Committees

On long-service and sabbatical leave in 2016. These are my past committee memberships:

  • Chair of the ANU College of Law College Education Committee
  • Member of the ANU University Education Committee (UEC)
  • Member of the ANU UEC Sub-Committee on Education Standards and Quality
  • Chair of the ANU College of Law Higher Degree Program Committee
  • Member of the ANU UEC Sub-Committee on Higher Degree Research
  • Member of the ANU University Information Technology Committee
  • Chair of the ANU College of Law Information Technology and Communications Committee
  • Chair of the ANU College of Law Human Research Ethics Committee
  • Member of the ANU College of Law College Education Committee
  • Member of the ANU College of Law College Research Committee
  • Member of the ANU College of Law National Judicial College of Australia Liaison Committee

Case notes & book reviews

  • MA Nolan, 'Review Essay: The Constitutional System of Thailand: A Contextual Analysis' (2012) 13(1) Australian Journal of Asian Law (available via SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2159591, 8 pp pdf).
  • MA Nolan, 'Counter-terrorism, Interviewing, and Investigative Interoperability: R v ul-Haque [2007] NSWSC 1251' (2009) 16(2) Psychiatry, Psychology, and Law 175-190.

Other

  • PhD Thesis MA Nolan, Construing Human Rights: Protecting Subgroups and Individuals (Saarbruecken: VDM Verlag Dr Mueller, 2008) see also the ANU Digital Thesis version at http://hdl.handle.net/1885/47996
  • M Nolan, 'Pleading Insanity and Mental State Defences' (2008) 20(3) Legaldate 8-9 [Legaldate is a publication distributed to Victorian High School VCE students of Legal Studies courses; also available via subscription].
  • H Selby, G Blank and M Nolan (eds), 'Special Issue: Persuasion (Part I)' (2007) 9(10) ADR Bulletin 181-200. [The ADR Bulletin is the monthly newsletter on dispute resolution usually edited by Prof Laurence Boulle, Faculty of Law, Bond University.]
  • H Selby, G Blank and M Nolan (eds), 'Special Issue: Persuation (Part II)' (2007) 10(1) ADR Bulletin 1-20. [The ADR Bulletin is the monthly newsletter on dispute resolution usually edited by Prof Laurence Boulle, Faculty of Law, Bond University.]
  • M Nolan and K Anderson, 'Reintroducing a Criminal Jury in Japan: Reform Lessons for Us All?' (2007) 90 Reform 47.
  • Mark Nolan (for the organising committee), 'Ensuring Accountability: Terrorist Challenges and State Responses in a Free Society' (2006) 25(2) Dialogue 63-67. [Report of international Expert Workshop of this title sponsored by the Australian Association of Social Sciences as published in their journal.]
  • MA Nolan, 'The Adversarial Mentality Versus the Inquisitorial Mentality' (2004) 16(3) LegalDate 7. [Legaldate is a publication distributed to Victorian High School VCE students of Legal Studies courses; also available via subscription]
  • MA Nolan, 'More Creativity, Less Criticism: An "Evidence Based" Approach to Jury Reform' (2003) 15(3) Legaldate 5. [Legaldate is a publication distributed to Victorian High School VCE students of Legal Studies courses; also available via subscription].

 

Currently supervising

  • Doctor of Philosophy (PhD)
    Topic: Thai Courts and Interpretation of Constitutional Rights Provisions
  • Doctor of Philosophy (PhD)
    Topic: Negligent combatants? Liability for negligent homicide and injury during armed conflict: An Australian perspective
  • Doctor of Philosophy (PhD)
    Topic: A legal concept of culture: the effect on sentencing
  • Doctor of Philosophy (PhD)
    Topic: Thai Courts and Interpretation of Constitutional Rights Provisions
  • Doctor of Philosophy (PhD)
    Topic: The Argument for Legalisation of Euthanasia and Physician-Assisted Suicide in Australia
  • Doctor of Philosophy (PhD)
    Topic: The Rule of Law, Civil Oversight and Japanese Prisons

PhD supervision

I AM NOT AVAILABLE FOR PhD SUPERVISION UNTIL FURTHER NOTICE.

In time, after graduating some of the students I am currently supervising, I am willing to supervise in the areas:

  • Criminal law (including Federal Criminal Law), criminal procedure, jury research, investigative interviewing, comparative criminal law (especially Thailand and Japan), legal psychology, empirical legal research, human rights law, citizenship, social identity, social justice, and intergroup relations.

I am supervising or have previously supervised or advised the following PhD students:

Current Doctoral Candidates

Supervising

  • Carol Lawson (ANUCoL) Prison Visitors' Committees in Japanese Corrections (2015-present)
  • Sarah Bishop (ANUCoL) Human Rights Law Under Thai Constitutions (2014-present)
  • Joshua Liddy (ANUCoL) Negligent Combatants? Liability for Negligent Homicide and Injury During Armed Conflict: An Australian Perspective (Feb 2012-present).
  • Mary SpiersWilliams (ANUCoL) The Capacity of the Criminal Justice System to Incorporate Indigenous Ways of Knowing Through an Examination of Remote Courts and Other Justice Processes in Central Australia (2010-present)

Advising (ANUCoL and elsewhere)

  • Robin Gibson (ANUCoL, Supervisor: Miriam Gani) The Criminal Defence of Necessity and Euthanasia in Australia (2011-present) 
  • Wendy Kukulies-Smith (ANUCoL, Supervisor: Prof Simon Bronitt) Punishing Parents: Mercy, Motherhood and Individual Justice in the Australian Sentencing Landscape (2009-present).
  • Maree Livermore (ANU Medical School, Canberra Hospital Campus, supervisor: Prof. Beverley Raphael) A Patient Not Detained is a Patient Not Treated, Is This Public Mental Health in Australia? The Impact of Risk-based Mental Health Law on Access to Mental Health Services in Australia (2011-present).
  • Murray Chisholm (ANU CASS, Department of History, Supervisor: Prof Nicholas Hopkins) History of the use of the Death Penalty in Papua New Guinea.
  • Laurin Milsom (CMBE, Department of Psychology, Supervisor: Prof Michael Platow) When Do People Expect to Have a Say?

Graduated Doctoral Candidates (*as chair of the panel)

  • Alexandra McEwan* (ANUCoL) Animal Cruelty Laws in Australia (2011-2017, conferred 2017).
  • Abhichon Chandrasen* (ANUCoL) Corporate Criminal Responsibility in Thai Securities Law (July 2011-2017, conferred, 2017).
  • Melanie Blair (Advisor, Faculty of Law, University of Newcastle, UK; Visiting PhD Scholar ANU College of Law, Supervisor: Prof Ashley Wilton) Euthanasia Law Reform in the UK. (Thesis defended March 2014 and conferred 2014)
  • Anne Imobersteg Harvey (Advisor, Faculty of Law, University of Western Australia, Supervisor: Prof Peter Handford) Comparison of Counter-terrorism Law and Organised Crime Law: EU and Australia (2011-2014, conferred 2015).
  • Alexander Walker-Kearns* (ANUCoL, Co-supervised with Prof Kim Rubenstein) Collective Consciousness in International Law (Conferred July 2013).
  • Kath Hall (ANUCoL, Supervisor: Prof Stephen Bottomley) Psychological Jurisprudence and the Professional Regulation of Large-Firm Lawyer Dishonesty (Conferred December 2011).
  • Saskia Hufnagel (ANUCoL, Supervisor: Prof Simon Bronitt) Comparison of European and Australian Cross Border Law Enforcement Strategies. (PhD passed December 2010)
  • Perri Timmins (ANUCoL, Supervisor: Prof Simon Bronitt) Factors Influencing Judicial Officers’ Attitude Towards Using Sentencing Guidelines (Conferred December 2005).
  • Caroline Blink (CMBE, Department of Psychology, Supervisor: Prof Craig McGarty/Dr Ken Mavor) Processes in Long-term Attitude Change in Relation to Reconciliation. (Conferred July 2011)
  • Léan O’Brien (CMBE, Department of Psychology, Supervisor: Prof Michael Platow) Dynamic Justice: A Social Identity Perspective on the Context-Dependent Nature of Justice Principles. (Conferred 2010).

 

SJD supervision

I am willing to supervise in the areas:

  • Criminal law (including Federal Criminal Law), criminal procedure, jury research, investigative interviewing, comparative criminal law (especially Thailand and Japan), legal psychology, empirical legal research, human rights law, citizenship, social identity, social justice, and intergroup relations.

I have not previously supervised an SJD candidate.

 

MPhil supervision

I am willing to supervise in the areas:

  • Criminal law (including Federal Criminal Law), criminal procedure, jury research, investigative interviewing, comparative criminal law (especially Thailand and Japan), legal psychology, empirical legal research, human rights law, citizenship, social identity, social justice, and intergroup relations.

I have not previously supervised an MPhil thesis.

 

 

LLM Masters thesis supervision

I am willing to supervise in the areas:

  • Criminal law (including Federal Criminal Law), criminal procedure, jury research, investigative interviewing, comparative criminal law (especially Thailand and Japan), legal psychology, empirical legal research, human rights law, citizenship, social identity, social justice, and intergroup relations.

I have previously supervised an LLM Graduate Research Unit thesis.

 

 

Honours thesis supervision

I am willing to supervise in the areas:

  • Criminal law (including Federal Criminal Law), criminal procedure, jury research, investigative interviewing, comparative criminal law (especially Thailand and Japan), legal psychology, empirical legal research, human rights law, citizenship, social identity, social justice, and intergroup relations.

I have previously supervised (at ANUCoL and a few at the ANU Research School of Psychology):

  • Anneliese McGee-Collett, 'Behind the Eight-Ball? The Need for a Specialist Court List in NSW for Offenders with Cognitive Impairments' (Semester 2 2015)
  • Charisse Smith, 'Post-sentence Continued Detention of High-Risk Terrorist Offenders in Australia: Balancing Liberty and Security'(Semester 2 2015)
  • Alexandra Reid, 'Drawing a Line in the Sand: Killers of Abusive Partners and the New Partial Defence of Extreme Provocation in NSW' (Semester 1 2015)
  • Catherine Noonan, 'A Sword and a Shield: A Federal Response to Prosecuting Minors Engaging in 'Sexting' with Child Pornography Offences; (Semester 2 2014)
  • Tom Whitelaw, (CMBE, Research School of Psychology) 'Preferred Investigative Responses to Suspected Terrorism: The Role of Identity of Perpetrators, RWA, Threat and National Identity' (full year 2013) [empirical]
  • Dunja Cvjeticanin, ‘Provoked, or Irrational?  Aligning Criminal Liability and Moral Culpability under a “Partial Defence of Gross Provocation” in New South Wales’ (Semester 2 2013)
  • Catriona MacKay (CMBE, Research School of Psychology) Use of Question Trails in Jury Trials (full year 2012) [empirical]
  • Hugh Turnbull (ANUCoL) Reform to Australian Anti-Torture Legislation (Sem 2, 2011).
  • Soraya Saikal: Judge-Alone Trials for Serious Indictable Offences in the ACT (Sem 2, 2011).
  • Rebecca George: Early Intervention Orders and ACT Mental Health Law (Sem 1 2011).
  • Sarah Bishop (ANUCoL, Co-supervised with Matthew Zagor) Political Party Dissolution in Thailand (Sem 2 2010).
  • Jacqueline Field (ANUCoL Co-supervision with Kim Rubenstein) Applying for Citizenship as a Child and Reforms to Citizenship Law (Sem 2 2010).
  • Sarah Colman (ANUCoL) Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and Recidivism Assessment Tools Used by Expert Witnesses. (Sem 2 2009)
  • Nikki Hogan (ANUCoL) Abused Intimate Partners Who Kill: Arguing Self-Defence as a Social Agent. (Sem 2 2009).
  • Bridie Devlin-Glass (ANUCoL) The High Court’s Decision in Makarian v The Queen and the Psychology of Metacognition and Decision-Making (Sem 1 2009).
  • Vicki Mallon: Evaluating Australian Child Communicators: An International Comparative Analysis (Sem 2 2007).
  • Richard Samuels: Legislatively Mandating Deception Detection Techniques: A Comparative Legal Psychological Analysis (Sem 2 2007).
  • Cary Scott-Kemmis: New South Wales Joins the Gang: The Arrival of Criminal Organisation Offences in New South Wales (Sem 1 2007).
  • Julian Patching: Juries and Sentencing: Not So Strange Bedfellows (Sem 1 2007).
  • Lesley Do (ANUCoL) Rape Trauma Syndrome (Sem 2 2006).
  • Claire Harris (ANUCoL) Children’s Competency to Consent to Medical Treatment: Current Australian Law and a New Direction (Sem 2 2006).
  • Jennifer Hurrell: Establishing a Juvenile Mental Health Court in Australia: A New Approach to Mental Health Law and Juvenile Justice (Sem 2 2005).
  • Christine Feerick (ANUCoL) Prosecuting for Recklessly Transmitted HIV: The House of Lords Decision in Dica (Sem 2 2005).
  • Kerry Muré (ANUCoL) Industrial Manslaughter in the ACT (Sem 2 2004).
  • Phil Marsh (ANUCoL) Fitness to work with Children Under the Child Protection (Prohibited Employment) Act 1998 (NSW) (Sem 2 2004).
  • Achala Siriwardhane (ANUCoL) Retaining or Abolishing the Doli Incapax Defence and Determining Capacity to Consent: A Psychological Analysis.
  • Elsa Gilchrist (ANUCoL) Facilitating Jury Deliberations with a Group Dynamics Expert.
  • Alannah Pentony (ANUCoL) Regulating Acquaintance Rape on University Campuses with Restorative Justice
  • Caitlin Sims (ANUCoL) Migration Law and Citizenship Identity.
  • Shaun Tipson (ANUCoL) Judicial Decision Making.
  • Léan O'Brien (ANUCoL) Psychiatric Impact of Administrative Detention of Asylum Seekers: A Comparative Analysis Between Practices in Australia, Switzerland and New Zealand.
  • Timothy Webb (ANUCoL) Ecstasy and the Law.
  • Neil Anora (ANUCoL, Co-Supervisor, with James Stellios) Right to a Jury Trial.
  • Amy Kilpatrick (ANUCoL, Co-Supervisor, with Pene Mathew) Student Attitudes Towards Careers in Public Interest Advocacy Law Across the ANU Law Degree. [empirical]

 

Internship supervision

I am willing to supervise in the areas:

  • Criminal law (including Federal Criminal Law), criminal procedure, jury research, investigative interviewing, comparative criminal law (especially Thailand and Japan), legal psychology, empirical legal research, human rights law, citizenship, social identity, social justice, and intergroup relations.

I have previously supervised:

  • Jacqueline Field (ANUCoL internship co-supervision with Kim Rubenstein) Considering Children's National Identity in Citizenship Decisions: A Psychological Perspective? (Dec 2009-Feb 2010).
  • Melanie Burns (ANUCoL internship, Co-supervised with Strang) Referral under the Crimes (Restorative Justice) Act 2004 (ACT) (Sem 2 2006).
  • Bridie Devlin-Glass (ANUCoL Internship)  The Law of Negligently-Inflicted Psychiatric Injury in New South Wales: The History, Reforms, and Psychological Efficacy of the New Legislative Tests (Dec-Feb 2007-8).
  • Sally Clark (School of Psychology, UNSW, MPsych (Forensic) placement supervisor with co-supervision by A/Prof Jane Goodman-Delahunty) Jury Procedures and Jury Legislation in Australia (1-26 July 2002).

 

Philosophy & approach

Compulsory LLB/JD Courses

I believe that "black  letter law" courses need to be taught against a background knowledge of legal history and legal conceptual development; in the context of law reform and social justice; and, by making links to legal theory and related disciplines. Teaching procedural law in the first law degree, and, not only in practical legal training courses, is also an important way to bring the substantive legal doctrines to life and for them to be understood deeply. To this end, I helped lead the project to create multimedia materials related to the teaching of criminal procedure (the CrimPro materials developed with NSW Police at the Goulburn Police Academy; see below under "Grants"). I enjoy interactive classes based on active student engagement with suggested course materials and course teachers both in and out of class. The compulsory and collaborative "Team Debate" exercise now used in Criminal Law and Procedure tutorials encourages teamwork and practice of argumentative skills relevant to prosecution or defence practice. Hopefully, it is also a way for students to experience something other than individual struggle with legal study in what can sometimes become a less-than-healthy isolating and individualistic competitive study experience. Tutorial discussions in Criminal Law and Procedure are often facilitated by (time-poor) criminal law practitioners (from both the defence and prosecution side) who work as tutors for the ANU. Their expertise and ongoing commitment to shared responsibility for legal education spanning the profession and the academy needs to be respected via student attendance at all tutorials where possible. I prefer to use a Socratic method in problem-based tutorials so students can test and demonstrate their developing knowledge in a supportive environment.

Elective LLB/JD Courses

My interdisciplinary teaching, in particular, utilises multi-media, and in-class activities (such as role plays, and practical demonstrations of psychological phenomena).  Students in Law and Psychology must be open to learning about psychological theory, empiricism, learning how to research psychological literature databases, and engaging with the psychological evidence base created by psychologists that may be unfamiliar to many law students.  This is a chance to explore other perspectives on law and break down any ignorance about those perspectives; at the same time asking evidence-based critical questions of the law. This course builds on law students' familiarity with legal material and builds confidence and skills so that law students can understanding legal problems from both a legal and a psychological practice/academic perspective. I value a mix of small group teaching and large group teaching, though small group teaching is not possible in most of the electives I help to offer (usually around 100 students per course in both Federal Criminal Law and Law and Psychology).  Teaching elective courses in large group format requires students to commit to lecture attendance and active participation rather than treating these courses as mere lectures or as correspondence courses to be digested solely online (as these courses are are not designed for that mode of learning at this stage). Socratic, question and answer interaction still has a place in large group lectures, especially in electives.  An example of this is the "Focus Reading" hour of Law and Psychology where I get to watch and guide students as they display their significant growth in skills and knowledge of a new discipline when we take the opportuinty to discuss one published psychological report a week. Interaction with students is key here, and is my opportunity to see what students do and do not understand, what needs to be taught to assist research-based assessment, and to hear students' views on issues such as the external validity/generalisability of published psychological research to contemporary (Australian) legal policy and practice.

LLM Courses

My past experience helping to teach, mainly practicing lawyers, Advocacy, allowed advocacy trainers, practising forensic psychologists  and myself to challenge students to practice advocacy skills in mock court exercises that involved legal/forensic psychological issues.  Again, this involved teaching psychology to lawyers, and was a useful opportunity for intern and supervising clinical/forensic psychologists to understand the reality of examination and cross-examination by lawyers who are not routinely trained in psychology to any great depth. This was a great way for professional perspective sharing to occur.

Most of my current LLM teaching is to Legal Officers in the Australian Defence Force, and provides a valued opportunity to give a civilian perspective on the civilian federal and other criminal law that shapes military discipline law. This teaching stimulates many ideas for research (teaching-led research) into, say, the problems surrounding the application of Chapter 2 of the Criminal Code Act 1995 (Cth) and the Criminal Code 2002 (ACT) to laws drafted much earlier than 1995.

Special Programs

I have been honoured to teach Introduction to Law and Criminal Law topics in the survey course which is part of our regular ANU-Alabama Student Exchange program as well as the Canberra Seminar courses.  Both programs have provided me with an interesting opportunity to interact with a mixed group of foreign students studying alongside ANU College of Law students. I firmly believe in the value of these programs, but, especially, the structure of the Canberra Seminar, as a way to achieve genuine internationalisation of our LLB/JD program and the internationalisation of the experience of the participating students and academics from Japan (eg. Aoyama Gakuin, Ritsumeikan University, and, formerly, Osaka University).  For example, after a 1.5 hour Canberra Seminar lecture, our own LLB/JD students, fluent in Japanese, debrief the Japanese students in Japanese about the content of the English lecture.  I would also like to see this model applied in reverse, whereby foreign academics, whose students mainly study law in languages other than English, can give lectures to mixed groups of their own students and ANU students in the first language of their university/country.  The guest lecturers' students could assist our ANU students and give English language lecture debriefings to the ANU students.  ANU students would be selected to participate in such opportunities because they are fluent in the language of the lecture delivered by the foreign academic. I also strongly believe that courses such as our Chinese Law, Law and Society in South East Asia, or Comparative Law courses should aim to attract guest lecturers who are able to lecture in languages other than English to present some classes to linguistically-diverse students; providing an additional opportunity for students to hear foreign academics lecture in their own language; a language shared by the academic and some of our linguistically-diverse students.

I am also pleased to be able to facilitate teaching visits to the ACT prison, the Alexander Maconochie Centre, as part of the Law Reform + Social Justice program called the ANU-AMC (ACT Prison) Legal Literacy Program. This allows our volunteer undergraduates to teach law to inmates in the ACT prison. 

External Teaching

Most of my valued cross-campus teaching opportunities external to the ANU College of Law but within the ANU have involved delivery of guest lectures/classes on interdisciplinary legal psychology or law.  I have done this with undergradate psychology students in elective courses in psychology (such as the Social Psychology or Perspectives on Crime from Psychology and Criminology course) or to Masters of Clinical Psychology students studying forensic psychology topics.

In teaching externally to the ANU, I have had some exciting opportunities to teach legal psychology (eg. witness assessment of reliability and credibility; judicial decision-making heuristics) to judicial officers or legal practitioners. 

I have also delivered Masters-level lectures on corporate criminal law and comparative research methods to the LLM Business Law (International Program) at Chulalongkorn University, Bangkok, Thailand (in English).  I have also given guest lectures on criminal procedure to a Thai Criminal Law and Procedure course (in English, using the CrimPro materials, with translation as necessary). I believe that doing such teaching during sabbatical visits, in addition to presenting your research to academic audiences, is a valuable activity for visiting scholars. Bilateral teaching exchanges (such as the ANU-Chuo University Law Faculty program that I have participated in) are valued teaching experiences.  I would like to see such arrangements (similar to the ANU-Alabama program) develop into more opportunities for teaching academics to team teach entire formal courses accredited by both participating universities, in more regions of the world.  This seems to be an important way to internationalise not only the curriculum but the teach staff as well. Such international academic collaboration focusing on teaching may also be a useful way to inspire research collaboration via "teaching-led" research activity. Regions of the "non English speaking world"* where Law is already taught in English in compulsory LLB curricula, such as in Asia (eg. China, Thailand, India, Pakistan, Malaysia, Indonesia), would seem to be a useful place to foster such programs.


* in "quote marks" as I continue to be impressed by polyglot international academics who embarrass some of us effectively monolingual Australian academics

Past courses

Since 2002 I have been involved in teaching the following undergraduate and postgraduate courses:

  • Criminal Law and Procedure (as convenor, lecturer, and/or tutor)
  • Law and Psychology (as convenor and lecturer)
  • Military Discipline Law (as convenor and lecturer; taught on contract to Australian Defence Force Legal Officers only)
  • Advanced Military Discipline Law (as convenor and lecturer; taught on contract to Australian Defence Force Legal Officers only)
  • Foundations of Australian Law (as seminar leader)
  • Criminal Justice (as guest lecturer)
  • Human Rights Law in Australia (as guest lecturer)

Staff advisor on the Law Reform and Social Justice Legal Literacy prison visits program (but not in 2016, please contact anthony.hopkins@anu.edu.au).

Guest teaching at the following international law schools:

  • Chuo University, Tokyo, Japan
  • Chulalongkorn University, Bangkok, Thailand
  • Thammasat University, Bangkok, Thailand
  • University of Yangon, Yangon, Myanmar

How my works connects with public policy

The main connections of my work with public policy have included counter-terrorism law and national security as well as jury reform.

I have recently made a submission to the Parliamentary Joint Commission on Intelligence and Security inquiry into the Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 (Cth) and there were 6 references to my submission or to Smith and Nolan (2016) in the oral testimony and 17 references to my submission or this work in the final report. See:

submission http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligen...

http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligen...

http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligen...

More recently I have been a researcher on projects for the Royal Commission into Institutional Responses to Child Sexual Abuse. For example:

Research assisting for Powell, M., Westera, N., Goodman-Delahunty, J., and Pichler, A. S. (2016). An Evaluation of how Evidence is Elicited from Complainants of Child Sexual Abuse. (Sydney, Australia: Royal Commission into Institutional Responses to Child Sexual Abuse)http://www.childabuseroyalcommission.gov.au/policy-and-research/our-rese...">

Co-authoring a report and chairing a public expert roundtable on Memory for Child Sexual Abuse and the Law: http://www.childabuseroyalcommission.gov.au/policy-and-research/our-poli...

Books

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