Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

International Lessons on Health Justice Partnerships: Their Applicability for Pro Bono Partners and Managers (Presentation Slides)

Author(s): Elizabeth Curran

This Panel/Workshop focuses on International Lessons on Health Justice Partnerships. Speakers including Dr Curran were asked to respond in an interactive session to the following headings:

i. Development of HJPs in Australia/USA

ii. Benefits of the model

iii. Evaluation of HJPs funded in Victoria

iv. Commonalities across projects

v. Key messages and lessons from evaluation

The session was held for UKAcademy which has been developed by the UK Collaborative Plan for Pro Bono, with planning support from the Association of Pro Bono Counsel. UKAcademy now comprises ten sessions focused on practical topics of relevance to those managing or developing pro bono in a law firm setting. Information-sharing is a cornerstone of the UK Collaborative Plan for Pro Bono. Members of the Plan have agreed to share data on pro bono activities, they share information on new pro bono opportunities, and they share practical knowledge to help expand their respective pro bono practices. The audience for this event was lawyers and managers employed by law firms who coordinate law firm pro bono programmes. The majority of audience members have a UK base, although joined by some colleagues from the USA.

The event was coordinated by Allen Overy's Pro Bono Manager Hayley Jones.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Topic - 'Health Justice Partnerships (HJP) Research, Evaluations and Findings, and 'How To.'' Presentation Slides, Panel of the Legal Education Foundation UK & Allen & Overy, 12 September 2016, London, UK

Author(s): Elizabeth Curran

There is a growing evidence base demonstrating positive outcomes from the provision of legal advice in healthcare settings. In the US and Australia there are national centres that promote and co-ordinate this work, where they are respectively known as medical-legal partnerships and health justice partnerships. There are also multiple examples of good practice in the UK, captured by reports such as the Low Commission’s 2015 paper The Role of Advice Services in Health Outcomes. The Legal Education Foundation is keen to see the expansion of partnerships between health funders and providers and social welfare legal advice. There have been discussions about how to convert the isolated good practice into a more cohesive national system of health justice partnerships.

This event was a workshop, which heard from Dr Liz Curran, a leading academic in this field who has been involved in Health Justice Partnerships in Australia and Steven Schulman, a partner at Akin Gump who has worked on Medical-Legal Partnerships in the US. Professor Dame Hazel Genn with a UK perspective as a leading authority on access to civil and administrative justice and her work to develop a pioneering student law clinic based at the Guttman Health and Well-being Centre in east London. The workshop was designed to be participatory so as to hear about UK-based examples of best practice and to explore how best to build upon the work going on in the UK.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Health Justice Partnerships (HJP): Working Ethically to Reach Those in Most Need of Legal and Medical Support & to Improve Outcomes – Research Evidence, a Seminar for City, University of London (Law School) 13 September, 2016, London (Presentation Slides)

Author(s): Elizabeth Curran

This presentation will examine the emergence of Health Justice Partnerships (HJP) in Australia and will discuss some of the ethical dilemmas and resolutions of these dilemmas that have emerged during Dr. Curran's action research evaluations. A Health Justice Partnerships (HJP) sees a partnership between a legal assistance (or legal aid) service and health services (including allied health services). Empirical research sees unresolved legal problems lead to poor health outcomes. In Australia and the UK those most likely to have multiple legal problems are the poor and disadvantaged and figures say only 13% - 16 % get help. In HJP the focus is on problem solving for client/patients with often complex and multiple problems and solving these in a holistic way through integrating legal and non-legal services to enable client access and seamless assistance. This presentation will also discuss the ethical issues and how these have been resolved due to the holistic client focus of all the professionals in the HJP examined.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Health Justice Partnership - Multi-Disciplinary Practices: Research Evidencing Working Ethically to Ensure Reach to Those in Most Need & Improve Outcomes (Presentation Slides)

Author(s): Elizabeth Curran

This paper examines the emergence of Health Justice Partnerships (HJP) in Australia and will discuss some of the ethical dilemmas and resolutions of these dilemma that have emerged during Curran's action research evaluations. These have been embedded in services from start-up undertaken by Curran. The evaluation research not only measures service effectiveness but also examines and measures positive outcomes and any progress in the social determinants of health as a result of the intervention. As the research empirical data has been analysed, what emerges is the elements leading to effectiveness for lawyers working in integrated models and ways to work ethically across different disciplines to achieve better outcomes including for their social determinants of health. This paper is to firm the basis of a refereed journal article to be submitted shortly end 2016.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Draft Working Paper for a Research and Evaluation Report for the Bendigo Health–Justice Partnership: A Partnership between ARC Justice Ltd and Bendigo Community Health Services

Author(s): Elizabeth Curran

This report documents the reasons for health justice partnerships, the literature, the methodology, the field research which used a participatory action research approach with a continuous learning and development framework. This Draft Working Paper sets out the summary of qualitative and quantitative data, the findings, conclusions lessons and recommendation emerging from this longitudinal study on the Bendigo Health Justice Partnership, in advance of the Full Final Research and Evaluation Report which will be released in 2017.

ARC Justice (specifically one of its programs, the Loddon Campaspe Community Legal Centre (LCCLC)) and the Bendigo Community Health Service formed a partnership in 2013 to commence a Health Justice Partnership (HJP) in January 2014 to better reach those clients experiencing disadvantage.

ANU (through the author Dr Liz Curran) was commissioned to conduct empirical research and an evaluation of the pilot project's impact on the social determinants of health, its outcomes and the effectiveness of Health Justice Partnerships in reaching clients who would otherwise not gain legal help with a range of problems capable of a legal solution.

This Draft Working Paper is released, in advance of the Full Final Report, so that agencies, researchers and funders and policy makers developing or working in Health Justice Partnerships or multi-disciplinary practices can benefit and be informed by the research and evaluation given the wide range of issues emerging from the research canvasses while the Full Final Report is finalised.

The Full Final Research & Evaluation Report will be released in 2017 but, in the interim, people using SSRN can utilise the research for their work. This responds to the numerous requests to share the research at the earliest opportunity so as to inform service delivery and funding applications which may occur before the release of the Final Report.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

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Evaluating Consumer Action’s Worker Advice Service, June 2016

Author(s): Elizabeth Curran

This is a report of the Consumer Action Law Centre. Dr Liz Curran was an adviser on the project.

The focus of this evaluation sits within a quality framework of continuous development, reflection and improvement of that service.This evaluation report and the quality framework recognises the extent of unmet legal need in Victoria and the critical role non-legal agencies can play in helping meet that need.

In addition to providing free legal assistance to individuals, Consumer Action Law

Centre (CALC) provides legal secondary consultations (LSC) to Victorian financial counsellors and other community workers through a dedicated telephone legal advice service.

Legal Secondary Consultations (LSC) are defined as where a lawyer offers a non-legal professional (such as a doctor, nurse, youth worker, social worker or financial counsellor) legal advice or information on legal processes (such as what happens at court, and how to give evidence or structure reports for a court to provide the required considerations), or on their professional and ethical obligations, or guides the non-legal professional through tricky situations involving their client or their work for clients. Critically, LSCs can build capacity in non-legal professionals likely to come into contact with the most challenging problems, so as to be able to identify or quickly verify that a problem is capable of a legal solution.

This orientation towards collaborative, holistic and joined-up service delivery is reflected in CALC’s current strategic plan, which includes actions to explore relationships with other community support agencies and catalyse new approaches to meeting unmet need and ‘hard-to-reach’ communities.

Dr Curran was adviser on the project and the report and data collection was undertaken by the Consumer Action Law Centre who have given the author permission to place the report on SSRN, so as to share with others how LSC can enable non-legal professional support, enhance multi-disciplinary practice and reach more clients who are currently excluded from gaining legal help for due to a number of barriers.

Read on SSRN

Centre: CCL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

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A Research and Evaluation Report for the Bendigo Health–Justice Partnership: A Partnership between Loddon Campaspe Community Legal Centre and Bendigo Community Health Services

Author(s): Elizabeth Curran

The Bendigo HJP Research and Evaluation (HJPRAE) was undertaken over three years with an evaluative process embedded in the service from service start-up. At the time it was challenging research as it examines impact and grappled with the internationally renowned challenge of measuring the social determinants of health.

Qualitative and quantitative data have been collected using multiple tools and specific questions.

Findings: 1. The clients of the HJP are complex and more often than not have more than one legal problem and a multitude of other health and social welfare problems. They often feel judged and lack trust in services. They will seek help when they feel they are not judged, where they are respected and where there is service responsiveness. Appointments are problematic – time and place can be critical to engagement, especially for people who have experiences of trauma or negative previous experiences of the legal system. 2. During its life, the Bendigo HJP has provided a significant amount of legal service to clients on a range of matters, often where one client has a significant number of legal issues. The clients’ lives are complicated and building trust takes time. Given the project has only one lawyer co-located at the HJP, the number of clients and client problems tackled is significant in view of the limited staff, funding and resources. 3. The Bendigo HJP is reaching clients who would otherwise not have sought legal help. The role of their trusted health or allied health professional in facilitating that reach has been overwhelmingly critical – 90% of clients interviewed in the HJPRAE said that without the HJP they would not have sought legal help. 4. Clients who have multiple and complex problems reported they were anxious and frightened as they did not know their rights/position. They reported this impacted on their health and wellbeing. The effectiveness and quality of the HJP service and its impact as reported by health/allied health professionals delivered the following relevant responses: • confidence in engaging with services in clients to have increased by 90.9% • knowledge of rights and responsibilities in clients to have increased by 72.7% • knowledge of options and more skilled over time in clients to have increased by 90.9%. 5. The capacity of professionals, due to the HJP, to respond to legal issues with confidence has increased; that is, they have become ‘empowered’.

General Application to Other Replicable Models of HJP Clients turn to ‘trusted’ health/allied health professionals but may not turn to lawyers without the facilitation and transferral of trust. Some clients will not turn to a lawyer as they are not emotionally ready (e.g., due to trauma, fragility, fear) and so the health/allied health professional that they trust becomes an important intermediary for them to gain legal help and information at salient times. A service which is a HJP needs to be ‘opportunistic’ in taking advantage of clients’ health appointments to provide legal assistance – due to complexities of their lives and confusion, lack of confidence and being overwhelmed etc. The capacity of professionals, both lawyers and non-lawyers, as well as client service staff, is key/critical to being able to support clients in a timely way, when in crisis or ready for help. Legal Secondary Consultations (LSCs) ‘are pivotal’; ‘it would not work if we did not have LSCs’. A significant majority of research participants noted that the LSC enables quick, efficient and targeted building of knowledge which can ‘save time’ in the long run. The type of lawyer used has been critical to the success of the Bendigo HJP and should be considered when hiring and recruiting staff. Lawyers can’t ‘just sit in their office’ but need to interact, integrate, not be ‘too stuffy’ or ‘too hierarchical’, ‘avoid jargon’ and show ‘respect’. The type of person used in the role is key to the HJP’s success. Trust and relationships take time to demonstrate an impact and their effectiveness as they are predicated on relationships, human experience, confidence and positive interactions and cannot be driven by a ‘top down’ approach.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

2016_Gozdecka_Rights_Religious

Rights, Religious Pluralism and the Recognition of Difference: Off the scales of justice

Author(s):

Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of  freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions.

Order your copy online

Centre: CIPL

Research theme: Human Rights Law and Policy, Law and Religion

Australian Citizenship Law

Australian Citizenship Law 2e

Author(s): Kim Rubenstein

Citizenship is the pivotal legal status in any nation-state. In Australia, the democratic, social and political framework, and its identity as a nation, is shaped by the notion of citizenship. Australian Citizenship Law sheds light on citizenship law and practice and provides the most up-to-date analysis available of the Australian Citizenship Act 2007 (Cth).

Rubenstein’s Australian Citizenship Law is the much-awaited second edition to her highly acclaimed text. It has been cited in High Court decisions, referred to in national and international academic work and used extensively by practitioners working in citizenship law, migration law, constitutional and administrative law and is an essential resource for migration agents.

Moreover, because of its broader analysis, it is crucially relevant to any discipline associated with citizenship, including, history, politics, education or sociology, and to government officials working in the area of citizenship, especially those working in our embassies and consulates.

Purchase your copy here

Centre: CIPL

Research theme: Constitutional Law and Theory, Human Rights Law and Policy, International Law

Law Student Wellbeing: A Neoliberal Conundrum

Author(s): Margaret Thornton

The discourse around student wellness is a marked feature of the 21st century Australian legal academy. It has resulted in various initiatives on the part of law schools, including the development of a national forum. The phenomenon relates to psychological distress experienced by students ascertained through surveys they themselves have completed. Proposed remedies tend to focus on improving the law school pedagogical experience. This article argues that the neoliberalisation of higher education is invariably overlooked in the literature as a primary cause of stress, even though it is responsible for the high fees, large classes and an increasingly competitive job market. The ratcheting up of fees places pressure on students to vie with one another for highly remunerated employment in the corporate world. In this way, law graduates productively serve the new knowledge economy and the individualisation of their psychological distress effectively deflects attention away from the neoliberal agenda.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education

Squeezing the Life Out of Lawyers: Legal Practice in the Market Embrace

Author(s): Margaret Thornton

Neoliberalism is the dominant ideology of our time and shows no sign of abating. The undue deference accorded the economy and capital accumulation means that comparatively little attention is paid to the pressures this involves for workers. Although conventionally viewed as privileged professionals, lawyers in corporate law firms have been profoundly affected by the neoliberal turn as firms have expanded from local to national, to global entities, with the aim of maximising profits and making themselves competitive on the world stage. Although corporate clients may be located in a different hemisphere they still expect 24/7 availability of lawyers in contrast to what they normally expect of other professionals, such as accountants. A corollary of global competition is the ratcheting up of billable hours, which has engendered stress and depression. The pressure for firms to be more productive has resulted in increased levels of incivility, including bullying. Despite a plethora of reports attesting to the deleterious effects of stress, scant attention is paid to the neoliberalisation of legal practice. This article argues that the tendency to individualise and pathologise the adverse effects of stress and uncivil behaviours deflects attention away from the political factors that animate them.

Read on SSRN

Centre: CIPL, CLAH

Research theme: Human Rights Law and Policy, Law and Gender, Legal Education

Health Justice Partnership Research ANU Research in Progress Seminar (Presentation Slides)

Author(s): Elizabeth Curran

Research by the Legal Services Research Centre (UK) and the Australian LAW Survey demonstrates that unresolved legal problems are likely to have deleterious impact on stress and health outcomes. Individuals only consult lawyers for about 16% of their legal problems and a key access point for disadvantaged individuals is the health profession. Research shows legal problems have a detrimental impact on the health and well being of individuals.

The Health Justice Partnerships (HJP) see lawyers working alongside health and allied health professionals to reach clients with a range of problems capable of legal solutions e.g. debt, family violence, poor housing, consumer issues, care and protection, human rights, access to services. The author is evaluating and assisting in some start –ups of HJPs across Australia and in Canada. She will discuss her work so far but the paper focuses on the project that is the most advanced in Bendigo.

The Bendigo Health Justice Partnership (HJP) project is a partnership between ARC Justice’s Program and Bendigo Community Health Service. The HJP project aims to address the social determinants of health capable of legal redress. The partnership is based on the understanding that many vulnerable and disadvantaged people do not consult lawyers for problems instead they see their trusted health worker.

An embedded evaluation is being undertaken by Dr Liz Curran of ANU examining not only the effectiveness of the service but also measuring the social determinants of health. Dr Curran has a practical background in the community health sector. Critically, this evaluation includes the clients and service providers and their experience in its process.

With ethics approval the evaluation is gathering qualitative as well as quantitative data in a context where there is little money for evaluation and services are keen to evaluate. This paper will discuss the evaluative process, present findings and some lessons emerging so far, in this three year longitudinal study. The study uses a participatory action research approach within a model of continuous reflection, development and improvement so as to inform policy and funding building and empirical evidence base to good practice to reach people who would otherwise not gain legal help.It measures the impacts on social determinants of health, an area largely un-chartered and so this methodology hopes to add to the polity around how social determinants of health might be measured and what they look like in reality for people affected.

The Final Report is due to be finalised at the end of 2016.

Read on SSRN

Centre: CLAH

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Health Justice Partnership Research ANU Research in Progress Seminar (Presentation Slides)

Author(s): Elizabeth Curran

Research by the Legal Services Research Centre (UK) and the Australian LAW Survey demonstrates that unresolved legal problems are likely to have deleterious impact on stress and health outcomes. Individuals only consult lawyers for about 16% of their legal problems and a key access point for disadvantaged individuals is the health profession. Research shows legal problems have a detrimental impact on the health and well being of individuals.

The Health Justice Partnerships (HJP) see lawyers working alongside health and allied health professionals to reach clients with a range of problems capable of legal solutions e.g. debt, family violence, poor housing, consumer issues, care and protection, human rights, access to services. The author is evaluating and assisting in some start –ups of HJPs across Australia and in Canada. She will discuss her work so far but the paper focuses on the project that is the most advanced in Bendigo.

The Bendigo Health Justice Partnership (HJP) project is a partnership between ARC Justice’s Program and Bendigo Community Health Service. The HJP project aims to address the social determinants of health capable of legal redress. The partnership is based on the understanding that many vulnerable and disadvantaged people do not consult lawyers for problems instead they see their trusted health worker.

An embedded evaluation is being undertaken by Dr Liz Curran of ANU examining not only the effectiveness of the service but also measuring the social determinants of health. Dr Curran has a practical background in the community health sector. Critically, this evaluation includes the clients and service providers and their experience in its process.

With ethics approval the evaluation is gathering qualitative as well as quantitative data in a context where there is little money for evaluation and services are keen to evaluate. This paper will discuss the evaluative process, present findings and some lessons emerging so far, in this three year longitudinal study. The study uses a participatory action research approach within a model of continuous reflection, development and improvement so as to inform policy and funding building and empirical evidence base to good practice to reach people who would otherwise not gain legal help.It measures the impacts on social determinants of health, an area largely un-chartered and so this methodology hopes to add to the polity around how social determinants of health might be measured and what they look like in reality for people affected.

The Final Report is due to be finalised at the end of 2016.

Read on SSRN

Centre: CLAH

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Medical-Legal Partnership: Prevention, Access to Justice and the Next Generation of Legal and Healthcare Professionals.

Author(s): Elizabeth Curran

Inequality of access to legal services is a significant problem in Australia.

In a panel discussion Dr. Curran of the Australian National Research gave a short paper responding to the key note address by Liz Tobin Tyler, Adjunct Professor, the Roger Williams University School of Law in Rhode Island and Assistant Professor of Family Medicine at the Alpert Medical School of Brown University and of Health Services, Policy and Practice at the Brown University School of Public Health on the topic ‘Medical-legal partnership: Prevention, access to justice and the next generation of legal and healthcare professionals.’

In the response Dr. Curran noted similarities and difference between the USA and Australia and reports on her participatory action research that ANU has been commissioned to undertake in a range of Health Justice Partnerships (HJP) including the embedded research evaluation of ACR Justice Bendigo pilot of an HJP which commenced in January 2015. The Executive Officer of ARC Justice, Peter Noble has also asked Dr. Curran to measure impacts of the HJP on the social determinants of health which she is grappling with given international recognition of the challenge. Dr. Curran has come up with some tools informed by affected community, service providers and international research in an action research collaborative approach within a continuous learning, reflection and development model and is using these to measure in concrete terms the social determinants of health outcomes from the HJP.

Dr. Curran discussed a number of Australian HJP evaluations in terms of quality, impact, outcomes and the social determinants of health. She discusses tools and some preliminary findings in the various research projects which are ongoing.

Read on SSRN

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Preliminary Findings on the Value of Secondary Consultations in Reaching Hard to Reach Clients and in Building Professional Capacity

Author(s): Elizabeth Curran

For ten years in a CLC setting Curran routinely conducted secondary consultations for non-legal professional staff. Since 2011, Dr Curran has undertaken research evaluations of services that now form what are now collectively described in Australia as ‘Health Justice Partnerships’. Dr Curran will outline preliminary findings in the under-researched area of the impact of secondary consultations. Evidence is emerging from evaluation research on a range of Health Justice Partnerships (where a lawyer works in a multidisciplinary health and allied health setting) including a family violence program, a project examining urban mortgage stress/well being, a program where a lawyer is based within a health service in a regional setting and in relation to a specialist Community Legal Centre (the Consumer Action Law Centre) non legal worker advice line which integrate legal and non-legal services. This paper highlights the impact secondary consultation has and is having in terms of reaching hard to reach clients and building capacity of non-legal professionals in a climate of limited resources.

Read on SSRN

Centre: CCL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Conference Paper- ‘Access to Justice – Making it Come Alive and a Reality for Students and Enabling Engaged Future Practitioners’

Author(s): Elizabeth Curran

The presentation commenced with a 20 minute discussion and illustration by Dr. Liz Curran who has worked for many years as a clinical legal education supervising solicitor in an academic role and now works in Professional Legal Training role in the ANU Legal Workshop. She has been an active researcher on access to justice and human rights for over a decade with numerous research projects, articles and as a commentator.

In 2008 Dr Curran wrote in the Alternative Law Journal that ‘from this vantage point, being an academic and a practitioner, a constructive inter-play occurs where theory can inform practice and vice versa.’ It is this inter-play which can make a valuable contribution to policy debates, student learning and development and their sense of being involved in upholding justice and the rule of law. From such a vantage point, universities in their teaching and research and policy makers can tap into evidence based information on the experience of the day-to-day dilemmas facing the members of the community for whom survival, emotional and physical well-being can be precarious.

Read on SSRN

Centre: CLAH

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Partnerships in Healthcare Delivery: Health Justice Partnerships (Presentation Slides)

Author(s): Elizabeth Curran

Dr. Curran’s Conference Paper discusses how Health Justice Partnerships (HJPs) are reaching people who would otherwise not get help with their legal problems by community lawyers working in a multi-disciplinary setting. The paper shares her preliminary empirical research findings, case studies and some lessons.

The Bendigo HJP project is a partnership between ARC Justice’s Program and Bendigo Community Health Service. The HJP project aims to address the social determinants of health capable of legal redress. The partnership is based on the empirical data which reveals that many vulnerable and disadvantaged people do not consult lawyers for problems instead they see their trusted health worker.

An embedded evaluation is being undertaken by Dr. Liz Curran of ANU examining not only the effectiveness of the service but also measuring the social determinants of health. Dr. Curran has a practical background in the community health sector. She is also involved in other HJP evaluations and service start-ups in Australia and Canada. Critically, this evaluation includes the clients and service providers and their experience in its process. This is ethical and ensures the measurements are not remote from the reality of the lives of people the HJP is assisting.

The evaluation is gathering qualitative as well as quantitative data so is not a process evaluation. In Australia there is little money for evaluation and services are keen to evaluate. The paper discusses the empirical research which reveals the HJP is reaching community members who are otherwise excluded. Findings include the value of legal secondary consultations in building confidence and capacity of non-legal professionals to assist clients through legal information being readily accessible through consultations with a lawyer.

Read on SSRN

Centre: CLAH

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Legal perspectives on Security Institutions

Legal Perspectives on Security Institutions

Editor(s): Kim Rubenstein

Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.

Order your copy online

Centre: CIPL, CMSL

Research theme: Human Rights Law and Policy

Regulating Business for Peace

Regulating Business for Peace: The United Nations, the Private Sector, and Post-Conflict Recovery

Author(s): Jolyon Ford

This book addresses gaps in thinking and practice on how the private sector can both help and hinder the process of building peace after armed conflict. It argues that weak governance in fragile and conflict-affected societies creates a need for international authorities to regulate the social impact of business activity in these places as a special interim duty. Policymaking should seek appropriate opportunities to engage with business while harnessing its positive contributions to sustainable peace. However, scholars have not offered frameworks for what is considered 'appropriate' engagement or properly theorised techniques for how best to influence responsible business conduct. United Nations peace operations are peak symbols of international regulatory responsibilities in conflict settings, and debate continues to grow around the private sector's role in development generally. This book is the first to study how peace operations have engaged with business to influence its peace-building impact.

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Centre: CCL, CIPL, LGDI

Research theme: Human Rights Law and Policy, Law, Governance and Development

Europe at the Edge of Pluralism

Europe at the Edge of Pluralism

Editor(s): , Magdalena Kmak

This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Despite professing the motto 'Unity in Diversity,' Europe appears to be struggling with discord rather than unity. Legal discussions reflect a crisis when it comes to matters of migration, accommodation of minorities, and dealing with the growing heterogeneity of European societies. The book illustrates that the current legal conundrums stem from European oscillation between, on the one hand, acknowledging the need of accommodation, and, on the other, the tendencies to preserve existing legal traditions. It claims that these opposite tendencies have led Europe to the edge of pluralism. This 'edge' - just as with the linguistic interpretation of the word 'edge' - carries multiple meanings, conveying a plethora of problems encountered by law when dealing with diversity. The book explores and illustrates these multiple 'edges of pluralism,' tracing back their origins and examining the contemporary legal conundrums they have led to.

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Centre: CIPL

Research theme: Human Rights Law and Policy, Law and Gender, Law and Religion, Migration and Movement of Peoples

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