AUT Law School

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The AUT Law School primary objective is to be a centre of excellence for law and humanities research in New Zealand. The school has particular research strength in; Corporate Governance, Insurance Law, Family Law, Employment Law, Sports Law, Wills and Estates, and Media Law.

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Now showing 1 - 5 of 35
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    The Recognition of Pasifika Decolonial Pedagogies as Inclusive Practice in Law Schools and Critical Legal Scholarship
    (Routledge, 2023-12-05) Fa’amatuainu, Bridget
    In this chapter, I examine some of the key challenges and successes in critical pedagogical praxis from the active inclusion of Pasifika pedagogies in decolonial legal pedagogy, rarely reflected in the teaching pedagogies adopted across the six law schools of Aotearoa (New Zealand). I build on the collective experience of Pasifika Early Career Academics (PECA) engaged in both legal and non-legal academic disciplines (Fa’amatuainu 2023; Leenen-Young et al. 2021). On this view, I adopt the Cartography of Decolonization (Andreotti et al. 2015) as the “conceptual framework of analysis” to evaluate the three reform spaces (soft reform, radical reform, and beyond reform) through which I have enacted Pasifika decolonial pedagogies in law teaching. Accordingly, I argue that there is a need for more decolonial approaches adopted in legal education and the timely recognition of Pasifika epistemologies and Pasifika legal academics in critical legal scholarship, teaching and instruction of the law.
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    Knowledge, Attitudes and Practices Towards Fetal Alcohol Spectrum Disorder Among Lawyers in New Zealand
    (Informa UK Limited, 2024-01-08) Chu, JTW; Wilson, H; McCormack, JC; McGinn, V; Brookbanks, W; Bullen, C
    Fetal alcohol spectrum disorder (FASD) is a developmental disability that can cause difficulties with communication, emotional regulation and executive function, making people with FASD vulnerable to adverse involvement within the criminal justice system. Justice professionals’ knowledge and attitudes of FASD is critical to identifying appropriate responses, management and sentencing in the justice system. This research aims to understand the FASD knowledge, attitudes and practices among lawyers working in the justice sector in Aotearoa, New Zealand. We conducted an online survey on the awareness, knowledge and beliefs of FASD, experience and professional practice with FASD of justice professionals working in the justice sector in New Zealand. Of the 56 participants, most were lawyers. All participants were aware of FASD but had gaps in their knowledge and few felt well prepared to support someone with FASD. There is a need to develop policies, training and support for lawyers, around FASD.
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    Indigenising Private Law: Lessons from Samoa
    (Matthew P Harrington, 2023-01-10) Fa’amatuainu, Bridget
    Legally pluralistic societies such as Samoa face a challenge: the legacy of colonialism, including in law-school curricula. In 2019, the National University of Samoa delivered its first Customary Adjudication programme with core topics including Legal Professional Ethics and Customary Law—a programme that I helped design and deliver. However, for the time being, indigenous law remains virtually non-existent in law-school curricula. This paper critically reviews the existing framework for the teaching of private law in Samoa and discuss how law schools could incorporate indigenous private law to a greater degree. It explores approaches adopted in the Pacific to review and reform local private law, while not pedagogical in nature, it carries potential for informing the integration of indigenous materials into the design and delivery of private- law papers. Accordingly, this paper represents a concrete contribution to the ongoing process of decolonisation in the Pacific region.
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