The limits and benefits of international mobility: an empirical examination of the biographies of Australian legal academics

ABSTRACT

Academics are becoming increasingly internationally mobile, and yet there is still limited research into the nature, outcomes and limits of academic mobility. This paper examines the biographies of over 700 academics employed within Australian law schools. It identifies legal academics who hold academics qualifications have been employed outside of Australia. Almost a quarter of legal academics in our sample hold a first degree outside of Australia, over a third hold a non-Australian post-graduate degree. While it could be expected that possessing international experience would broaden an academic’s cultural experiences, we also found that the internationally mobile academics have typically studied and worked previously within an elite international law school, and are now employed within an elite Australian law school. In addition, experiences of international mobility are not equally distributed, and male legal academics are significantly more likely to have international experience than female legal academics.     

Theory and practice—the shaping of identities

Convergence of the same: Lesbian and gay theory politics. Antithesis, 5, (1 & 2), 1992.     

Autonomy and audit--striking the balance

The Data Protection Act 1998 purports to implement European legislation which aims to protect the privacy of individuals. There were such concerns about the implications of the Act for certain research and audit that it became necessary to enact further legislation to enable such essential activities to continue. Although this empowers the Secretary of State for Health to approve proposals for these purposes, there should still be a requirement that the use of identifiable personal information without consent must be justified on compelling public interest grounds. It is this that can confound those seeking to rely on such justification. There can either be too cavalier an approach to the issue, and/or there is little sense of what considerations should come into play. This paper attempts to highlight some of the difficulties that are theoretically raised by some audit activities and set out the legal framework within which they must operate. However, the key focus is on how ethical considerations might inform the public interest argument.     

AGE,GENDER, AND THE CRIME OF CRIMES: TOWARD A LIFE‐COURSE THEORY OF GENOCIDE PARTICIPATION*

This article asks whether genocide follows the age and gender distributions common to other crime. We develop and test a life‐course model of genocide participation to address this question using a new dataset of 1,068,192 cases tried in Rwanda's gacaca courts. Three types of prosecutions are considered: 1) inciting, organizing, or supervising violence; 2) killings and other physical assaults; and 3) offenses against property. By relying on systematic graphic comparisons, we find that the peak age of those tried in the gacaca courts was 34 years at the time of the genocide, which is older than the peak age for most other types of crime. We likewise find that women were more likely to participate in crimes against property and comparatively unlikely to commit genocidal murder. Symbolic–interactionist explanations of crime suggest people desist from crime as a result of shared understandings of the expectations of adulthood. We argue that this process may be turned on its head during genocide as participants may believe they are defending their communities against a perceived threat. Thus, in contrast to other criminological theories suggesting that people must desist from crime to be accorded adult status, some adults may participate in genocide to fulfill their duties as adult men.     

The Return of the State: Globalization,State Theory,and the New Imperialism *

The interest in state theory that swept academic circles following the Miliband–Poulantzas debate waned considerably in the late 1980s and 1990s so that much of the last decade was notable for the impoverishment of state theory. Indeed, during this time, there was a never ending litany of books and articles on the crisis of the nation-state, the eclipse of the state, the retreat of the state, and even the end of the nation-state. The central theme in these eulogies was that nation-states had lost control of their national economies, currencies, territorial boundaries, and even their cultures and languages and that macroscopic forms of power were shifting from the nation-state to the global market, transnational corporations, and globalized channels of communication. However, this article reexamines the relationship between globalization theory and state theory to argue that nation-states are the principal agents of globalization as well as the guarantors of the political and material conditions necessary for global capital accumulation. In contrast to those who see a nebulous logic of empire, a network state, or even a global state as the repositories of a new sovereignty, this paper suggests that globalization, in its current form, is actually a new form of American imperialism.     

Member States of the Commonwealth – Their Relationship with the International Court of Justice

The removal of judicial independence from the motherland for several Commonwealth countries was fraught with difficulties. The determination of where final national appeals would lie has had a most colourful history in the Commonwealth. An extension of judicial dependence may arguably be expressed in the manner in which a state address disputes of international law and its choice of the appropriate tribunal for redress. It is argued in this article that independence did not seem to indicate that some Member States were willing to relinquish their desire to move too far away from the family of the British Commonwealth. Consequently, in accepting the Option Clause of the International Court of Justice (ICJ), a number of Commonwealth Member States entered a reservation which, inter alia, excludes disputes with the government of any country that is a Member of the British Commonwealth. Although today only eight Commonwealth Member States (including Britain) maintain this exclusionary clause, to the extent that these eight may find themselves bound by this clause presents some difficulty when there are disputes among these Member States. The author highlights these difficulties by examining the case of Mauritius and the Chagos Archipelago. Ultimately, the present day Commonwealth seeks dispute settlement through peaceful means, with an absolute respect for the rule of international law governing relations within and among its Member States.