Upcoming Staff Seminars at La Trobe University

 

Staff Seminar #9: Defining Legal Capacity in Light of        Article 12 CRPD: What is and what isn’t an exercise of       legal capacity?

 

Date: Wednesday 2 September

Time: 12.45am to 2.00pm

Venue: ED2 318, Education Boardroom

Cost: Free

RVSP: Registration is required on Eventbrite

 

Abstract

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) includes a right to legal capacity on an equal basis (Article 12). Much has been written about the serious implications that this has for mental health law, guardianship law, and other areas of the law that deny legal capacity on the basis of disability. However, little has been written on what is and what is not an exercise of ‘legal capacity’. This presentation explores the boundaries of legal capacity and discusses the relevance of this for the rights enshrined in Article 12 CRPD. 

Biography

Dr. Anna Arstein-Kerslake is a lecturer in the Melbourne Law School at the University of Melbourne and the Academic Co-ordinator of the Disability Research Initiative (DRI). She has developed and co-ordinates the Disability Human Rights Clinic (DHRC) at Melbourne Law School. She holds a Ph.D. in Law from the National University of Ireland, Galway (NUIG), a J.D. from the City University of New York (CUNY) School of Law and a B.A. in Sociology from San Diego State University (SDSU). Prior to joining Melbourne University, she held a Marie Curie Research Fellowship at the Centre for Disability Law and Policy (CDLP) at (NUIG). She also provided support to the United Nations Committee on the Rights of Persons with Disabilities on a general comment on the right to equal recognition before the law. She has participated widely in consultation with governments and other bodies, including: the United Kingdom Ministry of Justice, the Irish Ministry of Justice, Amnesty Ireland, Interights, the Mental Disability Advocacy Center, among others. Anna has worked as a human rights advocate on a number of different projects, including legislative drafting, strategic litigation, policy development, scholarly work, and others.

Anna’s research focuses on the human rights of persons with disabilities. Her published work focuses specifically on the rights to equal recognition before the law and legal capacity. She is also interested in the development of clinical legal education as a tool for social change.

LLS Staff Seminar #10: Laws and Societies in Global       Contexts: Contemporary    Approaches

 

Date: Wednesday 9 September 2015

Time: 12.45am to 2.00pm

Venue: Education Boardroom, ED2, 318

Cost: Free

RVSP: Registration is required on Eventbrite.

A light lunch will be provided.

Please register by Monday 7 September for catering purposes.

Abstract

In this talk, Eve Darian-Smith presents a global sociolegal theoretical framework that she argues is better able to deal with the pressing inter-related legal issues of the 21st century. A global sociolegal perspective envisions a new legal paradigm that takes seriously the concept of legal pluralism, and engages with multiple legal systems and epistemologies operating within and across national borders. Eve Darian-Smith argues that a global sociolegal perspective is relevant to legal issues that are more “global” in nature such as immigration and environmental degradation, as well as to local issues such as hate crime and domestic violence that are not generally thought of in such worldly terms.

 

Biography

Eve Darian-Smith is Professor and Chair in the Global Studies Department (University of California, Santa Barbara), a Senior Fellow (Melbourne Law Masters), and an Adjunct Professor at Regulatory Institutions Network (Australian National University). Trained as a lawyer, historian and anthropologist, she is interested in issues of postcolonialism, legal pluralism, and sociolegal theory. Her work has been supported by five NSF grants and she has published widely including ten books and edited volumes. Her first book Bridging Divides: The Channel Tunnel and English Legal Identity in the New Europe (2009) won the USA Law & Society Association Herbert Jacob Book Prize. Other books include Laws of the Postcolonial (with Peter Fitzpatrick, 2009); New Capitalists: Law, Politics and Identity Surrounding Casino Gaming on Native American Land (2004); Religion, Race, Rights: Landmarks in the History of Modern Anglo-American Law (2010), and most recently Laws and Societies in Global Contexts: Contemporary Approaches (2013, UCP). Her new book project is titled New Indian Wars: Indigenous Sovereignty in Global Perspective. She is on various editorial boards including the Canadian Journal of Law and Society and Social & Legal Studies, and she is a former Associate Editor of American Ethnologist and Law & Society Review.

LLS Staff Seminar #11:     “From Their Graves”: The Theme of Burial in the Work and Life of F W Maitland

 

Date: Tuesday 29 September 2015

Time: 12.45am to 2.00pm

Venue: HS1 Meeting Room 204

Cost: Free

RVSP: Registration is required on Eventbrite.

A light lunch will be provided.

Please register Friday by 25 September for catering purposes.

Abstract

This paper focuses on the ‘grave’ in the scholarship of Frederic William Maitland. It focuses on Maitland’s later life, his relation to biographical writing and to his series of lectures published posthumously in 1909 as Equity also the Forms of Action at Common Law. The paper explores the theme of obsolescence in Maitland’s lectures and draws some observations about the life of historical legal scholarship and the vocation of the modern jurist. Faced with the task of recouping a jurisprudence from the shifting sands of a system of positive law subject to constant mechanistic reform, Maitland is left to survey the ruins of disused procedural forms in order to train a generation of lawyers attentive to the peculiar life of law’s innovation.

Biography

Ed Mussawir is a lecturer at Griffith Law School, Brisbane. He is the author of Jurisdiction in Deleuze: The Expression and Representation of Law (Abingdon: Routledge, 2011) and editor of Law and the Question of the Animal: A Critical Jurisprudence (Abingdon: Routledge, 2013). His current research focuses on questions in the law of persons, biography of jurists, procedural jurisprudence, animal law and the inheritance of European jurisprudence.

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