2021 Fellow Spotlight

Judges, Technology and Artificial Intelligence

The book is published by Edward Elgar Publishing, the link can be found here

As technological developments reshape how society functions, courts and judges are grappling with how technology will change how justice takes place within the judicial system. From exploring how supportive technologies have shifted in the COVID era, to examining how replacement technologies are leading to online court reforms, there are questions about how judges are engaged in technological reforms that impact on the judicial role and function. Newer technologies can require judges to consider how algorithms and other material generated by technologies can have an impact in individual cases. By exploring international commentary by judges and scholars as well as material on ethics and justice system design, this new book also explores how artificial intelligence (AI) will impact on judicial systems of the future and the changing role of judges in democratic societies as ‘guardians of justice’.

Notably, there is discussion about judicial creativity and novelty as well as the desirability of ‘radical’ or ‘incremental’ reform in courts.  The cover of the book features an artwork created by AI which is linked to an in depth discussion about judicial creativity, the value of dissent, as well as some proposals about the future limits of Judge AI.

Professor Tania Sourdin

Dean and Head of School, Newcastle Law School, Newcastle, Australia

2 June 2021

The Judge, the Judiciary and the Court

Individual, Collegial and Institutional Judicial Dynamics in Australia

Edited by Gabrielle Appleby, University of New South Wales, Andrew Lynch, University of News South Wales, Sydney

The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court

The book is published through Cambridge University Press here

Professor Gabrielle Appleby

Professor Andrew Lynch

25 May 2021

Punishment and Private Law

The role of punishment in private law is controversial, and the dominance of the compensatory paradigm has tended to deflect attention away from difficult questions that arise in this regard. This volume aims to redress this imbalance. It examines instances or potential instances of punishment in private law. In doing so, it engages with complex debates such as whether private law ought to be an engine of punishment and, if so, how and when punishment should be dispensed. The chapters span the full width of private law, and are written by leading scholars drawn from a range of jurisdictions.

Misleading Silence

This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world.

Dr Elise  Bant

Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School, The University of Melbourne

14 May 2021

Criminal Laws Northern Territory

3rd Edition

By Stephen Gray, Jenny Blokland, Ben Grimes and Julian R Murphy

Publisher The Federation Press

This is the third edition of a unique Australian criminal law textbook. The book is unusual among criminal law textbooks because of its attention to the history of the criminal law, and to Indigenous legal issues, to which it devotes specific chapters. It also pays significant attention to criminal procedure, as well as sentencing – both areas not generally dealt with in standard texts, but of great use particularly to practitioners.

More information can be found here

The Hon. Justice Jenny Blokland

14 April 2021

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