Melissa Castan | Monash University (original) (raw)
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Papers by Melissa Castan
Human Rights Documents online, Feb 19, 2016
Indigenous law bulletin, 2008
A recent Victorian Equal Opportunity and Human Rights Commission report revealed that women lawye... more A recent Victorian Equal Opportunity and Human Rights Commission report revealed that women lawyers continue to be the target of sexual harassment and discrimination in the workplace. While the issue of bullying is known to be one element of the broader culture of the legal profession that is contributing to (if not causing) elevated levels of mental stress, the Victorian data indicates that women may suffer additional stressors that are systemic within the profession. We argue that ongoing sexism within the profession embodies a broader masculinist culture that is at the root of calls for change. We suggest that sexism and discrimination must be recognised along with other bullying behaviours in developing responses to support practitioner resilience and wellness. We conclude that a focus on ethical conduct is one approach that may support a cultural shift.
Indigenous law bulletin, 2015
This article addresses a specific aspect of constitutional recognition of indigenous Australians ... more This article addresses a specific aspect of constitutional recognition of indigenous Australians through the framework of international human rights and self-determination — particularly the potential role of a constitutionally established representative consultative indigenous body. It considers the extent that such a representative body would give substance to those rights.
Legal Information Management, 2017
Increasing access to digital works and the proliferation of digital genres has changed the way in... more Increasing access to digital works and the proliferation of digital genres has changed the way in which we conceive of information, and particularly legal information, including how it is represented within legal citation practice. This article, written by Melissa Castan and Kate Galloway, contributes to the discourse around legal citation in two ways. It first provides a theoretical justification for citation practice as an element of legal information management crucial to effective scholarship, including knowledge creation and dissemination. Secondly, and based on this theoretical foundation, it identifies the challenges facing existing legal citation practice in the face of new media, new representations of legal scholarship, and new objectives for citation practice. Finally, in this article we distil foundation principles for citation to integrate these diverse elements. To illustrate the application of these principles, the article closes with suggested citation practices desi...
Alternative Law Journal, 2010
Alternative Law Journal, 2003
Having a birth certificate is a key to citizenship. Most people born in this country take it for ... more Having a birth certificate is a key to citizenship. Most people born in this country take it for granted that they can prove they are Australian and lawful citizens by producing their birth certificate. But a number of Australians — predominantly Indigenous people and those from culturally and linguistically diverse (CALD) communities — miss out on the benefits of citizenship and struggle to fully participate in society because their birth has never been registered, or if it was, they cannot produce a birth certificate to prove it.This chapter analyses what international human rights law says about the right to birth registration and a birth certificate, and whether Australia is complying with these international standards.
This article argues that any teaching and examination of Australian constitutional law should tak... more This article argues that any teaching and examination of Australian constitutional law should take account of all of those who constitute the nation, including the recognition of Indigenous people within our federal and State Constitutions.
International Law News, 1999
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Human Rights Documents online, Feb 19, 2016
Indigenous law bulletin, 2008
A recent Victorian Equal Opportunity and Human Rights Commission report revealed that women lawye... more A recent Victorian Equal Opportunity and Human Rights Commission report revealed that women lawyers continue to be the target of sexual harassment and discrimination in the workplace. While the issue of bullying is known to be one element of the broader culture of the legal profession that is contributing to (if not causing) elevated levels of mental stress, the Victorian data indicates that women may suffer additional stressors that are systemic within the profession. We argue that ongoing sexism within the profession embodies a broader masculinist culture that is at the root of calls for change. We suggest that sexism and discrimination must be recognised along with other bullying behaviours in developing responses to support practitioner resilience and wellness. We conclude that a focus on ethical conduct is one approach that may support a cultural shift.
Indigenous law bulletin, 2015
This article addresses a specific aspect of constitutional recognition of indigenous Australians ... more This article addresses a specific aspect of constitutional recognition of indigenous Australians through the framework of international human rights and self-determination — particularly the potential role of a constitutionally established representative consultative indigenous body. It considers the extent that such a representative body would give substance to those rights.
Legal Information Management, 2017
Increasing access to digital works and the proliferation of digital genres has changed the way in... more Increasing access to digital works and the proliferation of digital genres has changed the way in which we conceive of information, and particularly legal information, including how it is represented within legal citation practice. This article, written by Melissa Castan and Kate Galloway, contributes to the discourse around legal citation in two ways. It first provides a theoretical justification for citation practice as an element of legal information management crucial to effective scholarship, including knowledge creation and dissemination. Secondly, and based on this theoretical foundation, it identifies the challenges facing existing legal citation practice in the face of new media, new representations of legal scholarship, and new objectives for citation practice. Finally, in this article we distil foundation principles for citation to integrate these diverse elements. To illustrate the application of these principles, the article closes with suggested citation practices desi...
Alternative Law Journal, 2010
Alternative Law Journal, 2003
Having a birth certificate is a key to citizenship. Most people born in this country take it for ... more Having a birth certificate is a key to citizenship. Most people born in this country take it for granted that they can prove they are Australian and lawful citizens by producing their birth certificate. But a number of Australians — predominantly Indigenous people and those from culturally and linguistically diverse (CALD) communities — miss out on the benefits of citizenship and struggle to fully participate in society because their birth has never been registered, or if it was, they cannot produce a birth certificate to prove it.This chapter analyses what international human rights law says about the right to birth registration and a birth certificate, and whether Australia is complying with these international standards.
This article argues that any teaching and examination of Australian constitutional law should tak... more This article argues that any teaching and examination of Australian constitutional law should take account of all of those who constitute the nation, including the recognition of Indigenous people within our federal and State Constitutions.
International Law News, 1999
This site is powered by the VTLS VITAL repository solution.