New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

THE RIGHT TO MARRY AND THE SAN FRANCISCO EXPERIENCE

This article chronicles the issuance of marriage licenses to lesbian and gay couples in San Francisco in the winter of 2004. The article explores the political and legal landscape in the fight for the right to marry nationally and examines the current legal status of lesbian and gay couples in the country.     

Direct Discrimination, Indirect Discrimination and Autonomy

Western liberal democracies tend to impose duties on publicand private bodies that are often formulated as an obligationnot to discriminate. For instance, the European Union prohibitsdirect and indirect discrimination on certain grounds in certaincontexts. Under this model, indirect discrimination involvesa measure that, although it does not directly (i.e. explicitly)discriminate on the basis of a proscribed ground, produces adisparate impact that correlates with such a proscribed ground.Indirect discrimination is generally viewed, both conceptuallyand politically, as subordinate to direct discrimination. ProfessorJohn Gardner has argued that anti-discrimination law is justifiedon the basis of duties to respect other people's autonomy. Onthe base of this analysis, he argues that indirect discriminationis a secondary concept to the paradigm wrong of direct discrimination.I contend in this article that, if one adopts Gardner's autonomy-basedanalysis of anti-discrimination law, indirect discriminationis not a secondary concept to direct discrimination. Further,I argue that autonomy does not provide a convincing justificationfor the prohibition of either direct or indirect discrimination.I tentatively suggest, however, that the widespread impact ofcertain types of discrimination (alluded to by Gardner) maysupport an equality-based justification for the prohibitionof both direct and indirect discrimination.     

Settler Colonial Strategic Culture: Australia,AUKUS, and the Anglosphere

Australia's history as a settler colony within the British Empire fundamentally shapes its sense of security within the Indo-Pacific region. Australia has consistently looked outside of its region for security and sought partners on the explicit basis of political, cultural, and ethnic similarity. What role does Australia's history play in shaping its foreign policy? We argue that these choices in foreign policy are inextricable from Australia's history as a settler colony on the farthest reaches of the British Empire. The AUKUS Agreement (AUKUS) is an example of how Australia operates to preserve racial hegemony in the face of non-white threat — real or perceived. This research utilises critical discourse analysis to interrogate elite-level discourse around AUKUS to ascertain the dominant narratives that inform its creation, the issues it seeks to address in Australian security policy, how it is structured by historical narratives of security, and how it functions to structure those narratives going forward. This article seeks to participate in the growing push to decolonise International Relations by illuminating the way Australia is ontologically and epistemologically invested in the preservation of racial hegemony.     

Developments in European political science journal and electronic literature during 1997

Abstract. This article continues the annual review of developments in European political science periodical literature. The review covers not just traditional print media but also electronic publishing, and therefore begins with an overview of a pilot project in integrated electronic publishing, the lsquo;SuperJournal' project, which links a range of British–published political science journals in an electronic cluster that facilitates ease of access by individual users. We continue with a summary of developments in political science journal publishing in central and eastern Europe in the aftermath of the political upheavals after 1989. The article concludes with a listing of the contents of the 1997 issues of selected European political science journals from a range of European countries (normally, those published by national political science associations) and comments on their content.