Web Access Research Portal

Researcher: Gogarty, B (Dr Brendan Gogarty)

Fields of Research

Public law
Constitutional law
Environmental law
International criminal law
International humanitarian and human rights law
Legal practice, lawyering and the legal profession
Law and society and socio-legal research
Other law and legal studies
Criminal law
Australian government and politics
Legal education
Legal theory, jurisprudence and legal interpretation
Legal institutions (incl. courts and justice systems)
Access to justice
Administrative law
International relations
Intellectual property law
Legal ethics
Environmental philosophy
Aboriginal and Torres Strait Islander peoples and the law
Climate change law
Comparative law
Law reform
Taxation law
Conservation and biodiversity
Aged health care
Gender psychology
Psychology of religion
International trade and investment law

Research Objectives

Justice and the law
Expanding knowledge in law and legal studies
Law reform
Government and politics
Legal processes
International organisations
Community services
Environmental policy, legislation and standards
Other law, politics and community services
Climate change mitigation strategies
Public services policy advice and analysis
Legislation, civil and criminal codes
Biodiversity in Antarctic and Southern Ocean environments
Defence and security policy
Understanding climate change
Effects of climate change on Antarctic and sub-Antarctic environments (excl. social impacts)
Workplace safety
Law enforcement
Criminal justice
Health related to ageing
Political systems
International relations
Specific population health (excl. Indigenous health)
Religion and society
Health status (incl. wellbeing)

Career Best Publications

Research Publications

#LstTxt&Tstmnt: an unsent text message can count as a will, in the right circumstances
'Killer robots' hit the road – and the law has yet to catch up
(Re)interpreting s 96 in light of fiscal federalism: towards a better understanding of one of the last remaining islands of commonwealth spending power; Melbourne University Law Review
A legal perspective on stem cell research and cloning; Australian Science
A Regime To Share, Rather than Protect Identity
Advice on the constitutionality of the Northern Australia Infrastructure Facility Act 2016 (NAIF Act) and proposed Adani Loan
Airbnb hosts beware – it’s not just Centrelink using robo-debt systems
All colours of the rainbow: why Tasmania’s new gender identity laws are warranted
Associational balance of power and the possibilities for international law in the South China Sea; Asia-Pacific Journal of Ocean Law and Policy
Australia’s $1 billion loan to Adani is ripe for a High Court challenge
Backyard skinny-dippers lack effective laws to keep peeping drones at bay
Binding the monolith: Can state tribunals still hold the Commonwealth to account following Nichols' case?; Alternative Law Journal
Blue COP parties should look to Antarctic Blue Carbon for vision of non-market cooperative approach to emission reduction
Bob Brown wins his case, but High Court leaves the door open to laws targeting protesters
Carbon dioxide removal geoengineering; Australian Law Journal
Climate-change displacement: current legal solutions to future global problems; Journal of Law and Information Science
Clinical Legal Teaching And Learning - Vogue, Visionary Or Revisionary?; Law Letter
Cloning Around with Words; Regulating the New Frontiers: Legal Issues in Biotechnology
Collaborative Consumption and Land Tax; Tasmanian State Convention
Collaborative Consumption, AirBNB and Land Tax - time for a national approach; Curtin Law and Taxation Review
Collaborative Consumption, AirBNB and Land Tax – time for a national approach; Tasmanian State Convention
Commercial tourism in Tasmania’s wilderness threatens the attraction it exploits; Nature Ecology & Evolution
Communication Technology Risks, University of Tasmania; Department of Premier and Cabinet Training Consortium
Conceptions and (mis)conceptions of science before international tribunals: ICJ Australia/Japan whaling case in context; 7th Polar Law Symposium
Conceptions and (Mis)conceptions of Science in International Treaties; the ICJ Whaling Case in Context; The Yearbook of Polar Law
Consensus statement on the Reform of the Tasmanian Constitution; University of Tasmania Law Review
Conservative amendments to same-sex marriage bill would make Australia’s laws the world’s weakest
COVID19 and the Law in Tasmania: COVID19 Legal Factsheets
Criminalising dissent: anti-protest law is an ominous sign of the times
Did Brandis break the law in requesting Triggs' resignation?
Embryo and Stem Cell Research - Australian Developments in Regulation; Dialogue and Promotion of Bioethics in Asia
Environment Protection and Biodiversity Conservation Amendment (Standing) Bill 2015 Submission 60
Essentially Yours: The Protection of Human Genetic Information in Australia (ALRC Report 96)
Gender law reforms given the all-clear
Gene Technology, Risk, Regulation and Communication
Geoengineering the Great Barrier Reef needs strong rules
Glacier geoengineering needs lawyers too; Nature
Green light for Tasmanian wilderness tourism development defied expert advice
Hogan v Hinch [2011] HCA 4; The Sixteenth Annual Public Law Weekend, Conference
Human Cloning and Stem Cell Research; Australian Health Law Bulletin
Inquiry into the governance and operation of the Northern Australia Infrastructure Facility: Submission 91
Invited Submission
Japan's whaling gambit shows it's time to strengthen the rule of science in law; Australian Environmental Law Digest
Japan’s whaling gambit shows it’s time to strengthen the rule of science in law
Journal of Law, Information and Science; Journal of Law, Information and Science
Journal of Law, Information and Science; Journal of Law, Information and Science
Journal of Law, Information and Science; Journal of Law, Information and Science
Journal of Law, Information and Science; Journal of Law and Information Science
Journal of Law, Information and Science; Journal of Law, Information and Science
Juries need to be told how they’re allowed to use the internet to ensure fair trials
Jurors, Social Media and the Right of an Accused to a Fair Trial
LAMARI v PROPERTY AGENTS BOARD Advice on Federal Diversity Jurisdiction
Land Tax on the Home Castle: When will Sharing Economy Home Rentals Attract Land Tax Under the Land Tax Act 2000 (And Should They At All)?; Law Letter
Legal Collaboration: How can we Teach Law Graduates to better work with others?; Law Letter
Legal Collaboration: Unpacking the Threshold Learning Outcome for Law (TLO 5(b)) in the Complexity of Modern Legal Practice and Legal Education; Australian Law Teachers Association Conference
Legal Collaboration: Unpacking the Threshold Learning Outcome for Law (TLO 5(b)) in the Complexity of Modern Legal Practice and Legal Education
Legal Recognition of Sex and Gender
Legislating to ban cloning: some problems with words; O & G Magazine
Litigating Ethics; Centre for Law and Genetics
Litigating Ethics; Centre for Law & Genetics 2002 Symposium
Making Sense of S 96: Tied Grants, Contextualism, and the Limits of Federal Fiscal Power; Melbourne University Law Review
Marine Geoengineering in Australian Law; Symposium on Marine Geoengineering
Masters of Law (Public International Law)
Mistake to consolidate Premier and Attorney-General portfolios
New drone rules: with more eyes in the sky, expect less privacy
Paterson’s Quest To Water Down Marriage Equality Is Not Dead Yet
Perspective: increasing blue carbon around Antarctica is an ecosystem service of considerable societal and economic value worth protecting; Global Change Biology
Philosophy of science and legal disputes over whaling in the Southern Ocean; Philosophies of Polar Law
Practice-centric learning in the law degree; Teaching Matters
Practicing the Study of Public Law. A skills based teaching and learning model for undergraduate law students; The Australasian Law Teachers Assocation Annual Conference 2013: Law Teachers as Gatekeepers
Protecting Antarctic blue carbon: as marine ice retreats can the law fill the gap?; Climate Policy
Protecting Antarctica’s coastal blue carbon: a case for international cooperation; Research Handbook on Climate Change, Oceans and Coasts
Protest Bill a B-grade zombie series that won’t die
Public Health Amendment (Tobacco Free Generation) Bill 2014 No 40
Regulating 'Eyes in the sky'
Regulating Biomedical Advances: Embryonic Stem Cell Research; Macquarie Law Journal
Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage; Alternative Law Journal
Same-sex marriage bill amendments would make Australian laws world's weakest
Scientific whaling and how philosophy of science can help break the international deadlock; Australian Journal of International Affairs
Sexual Orientation and Gender Identity Conversion Practices
State Constitutional Reform: the Tasmanian Experience
Stem Cell Research and Cloning: Legal Loopholes; Australian Science
Talking Point: Bill rehash fails to clear the air
Talking Point: Giving defamation rights to companies would steal our freedom of expression
Talking Point: Lockdown rules have massive penalties and need scrutiny
Talking Point: Muddy ruling masks missteps
Talking Point: Protecting whales is a tricky task
Talking Point: Reshuffle exposes cabinet risks
Tasmanian Constitutional Law Reform Project: an online compendium on the Tasmanian Constitution (2017-2019)
The ICJ Whaling Case: missed opportunity to advance the rule of law in resolving science-related disputes in global commons?; Heidelberg Journal of International Law
The ICJ Whaling Case Science, transparency and the rule of law; Journal of Law and Information Science
The Laws of Man over Vehicles Unmanned: The Legal Response to Robotic Revolution on Sea, Land and Air; Journal of Law and Information Science
The Rehabilitation of Preventive Detention; Preventive Detention: Asking the Fundamental Questions
The role of Tasmania’s subordinate legislation committee during the COVID-19 emergency; Alternative Law Journal
The UK's Cloning Laws: A View from the Antipodes; eLaw Journal
The workplaces (protection from protesters) bill 2014 and its chilling effect on the implied right of political communication; Law Letter
The worst of the State constitutions: Why Aboriginal constitutional recognition must be framed against a wider reform of Tasmania’s Constitution Act; University of Tasmania Law Review
Turnbull And Abe Forgot To Discuss The Whale In The Room We need to be honest about our position on Japanese whaling if we want it to stop
Tying Kable Down: The Uncertainty about the Independence and Impartiality of State Courts Following Kable v DPP (NSW) any Why it Matters; University of New South Wales Law Journal, The
Unmanned vehicles, surveillance saturation and prisons of the mind; Journal of Law and Information Science
Unmanned vehicles: a (rebooted) history, background and current state of the art; Journal of Law and Information Science
We Need to Protect Antarctic ‘Blue Carbon’
What exactly is an exact copy? And why it matters when trying to ban human reproductive cloning in Australia; Journal of Medical Ethics
Who’s watching the watchers?
Why Adani may still get its government loan
Will drone cameras capture your every move?
Workplaces (Protection from Protesters) Amendment Bill 2019

Research Projects

Regulating Plan B: Developing Legal Frameworks for Multiscale Governance of Geoengineering; University of Tasmania (UTAS)
Conversion practices; University of Tasmania (UTAS)
How do we improve our understanding and commitment to 'science' in international agreements to protect the global; University of Tasmania (UTAS)
Jurors, Social Media and Fair Trials; Law Foundation of Tasmania (LFT)
Re-examination of Case for Tasmanian Human Rights Act; Law Foundation of Tasmania (LFT)
Reform of the Tasmanian Constitution Act 1934; Law Foundation of Tasmania (LFT)
Review of Privacy Laws in Tasmania ; Department of Justice Tasmania (DJ)
Special Witness Hearing Scheme Study; Department of Justice Tasmania (DJ)
Tasmanian Constitutional Law Reform Initiative; Law Foundation of Tasmania (LFT)
Tasmanian Law Reform Institute; Department of Premier and Cabinet (DPAC)
Practicing the practice of law: An embedded legal skills unit for the UTAS LLB degree
Service-driven approaches to preventing and responding to elder abuse in Northern Tasmania
Transgender & Intersex legislative reforms

Research Candidate Supervision

A Critical Analysis of EC - Biotech- The Panel's Approach to Other Rules of International Law and the Application of the SPS Agreement
Copyright Protection in an Online Worlk[Dd- How can Creative Industries Survive?
Toward an Environmental Victims Charter- A Scoio-Legal Analysis