Legal research, opinions, submissions, articles, publications, conference papers.
Elizabeth employs her research skills and critical acumen in a range of legal fields —
- Interlocutory Appeals in criminal jurisdiction at Supreme Court of Victoria Court of Appeal;
- Criminal law defence submissions, applications, court hearings, NZ;
- Cyberbullying and cyberstalking in New Zealand and Australia, conference presentations and publications;
- Restorative Justice in New Zealand and Australia, conferences and publications;
- Evidence in Employment Law and Criminal Law, conference and publications;
- Harmful Digital Communications, conferences, invited speaker, publication;
- Harassment, legal approaches in educational settings;
- Immigration: Refugee and Protection claims in New Zealand;
- Human Rights regimes in International Law;
- Negligence claims in International Law, work undertaken in Australia;
- Education and Employment – Duty of Care, Fiduciary Duties and Obligations, work undertaken in Australia in university setting;
- Regulation of Universities, Corporations powers, Australian Constitution, conferences, panel speaker, publication;
- Intellectual Property: Copyright in Publishing, Design and Art, training presentations in university setting;
- Arts Law: Copyright, criminal, contracts, regulatory, in university settings;
- Defamation, Discrimination, in educational settings;
- Domestic and Family Violence, representing clients and advisory work;
- Historical sexual abuse claims.
Letters to Editor
APPROACH TO BULLYING
2 September 2019, page A20
“Bullying cuts to the heart of who we want to be” is the editorial headline on 31 August. It also points to the heart of what we are. Bullying Free NZ reports that “Bullying has detrimental effects on students’ health, wellbeing and learning. It can make students feel lonely, unhappy and frightened.” In my work, I see the effects of bullying. Response to bullying in schools too often fails to deter the bullying behaviour, and resurrect confidence for the one being bullied. Bullying behaviour is by definition not a one-off; it is persistent, pernicious, covert violence, and generally out of sight of teachers or other figures of authority. If not effectively addressed bullying can lead to prolonged psychological outcomes. Putting the responsibility onto a child to say “Stop it!” is not the sole answer. Bullying Free NZ recommends a whole school approach to bullying. If a school fails to take effective action against violence, fails to deter the bullying, fails to build confidence in the one who speaks of being bullied, fails a restorative approach, then the school fails in its duty of care.
Dr Elizabeth Mary Gresson, Parnell
Papers + Publications
Defamation in Scholarly Publishing: Trips and traps for educational writers, editors, publishers.
This research investigates the law of defamation and scholarly publishing. It focuses on potential for defamation claims in scholarly work. University academics are assumed to possess the capacity of public intellectuals. This involves the academic freedom to be critical of ideas, policies and practices. In New Zealand the role of public intellectual is circumscribed by law. The New Zealand Education Act 1989 provides for scholars to undertake the role of ‘critic and conscience of society’. In Australia the role of academics in education is similarly understood. But crucial questions arise. What does it mean to be the ‘critic and conscience of society’? Where are the rights and obligations, the conditions and boundaries of the term and terrain? How far can a critic go and when does critical comment become defamation of another? When writing or publishing critical opinion, how does a scholar traverse the terrain between individual rights to freedom of expression and another’s right to have their reputation protected, and the human right to honour and dignity? These are some of the questions this paper aims to address and answer.
2018 Elizabeth M. Gresson, Restorative Justice in Criminal Offending : Models, Approaches and Evaluation, The International Journal of Therapeutic Jurisprudence, Arizona Summit Law Review, Special Issue, Spring 2018, Number 1, pp. 1-48.
Restorative justice has been practised in a range of countries since the 1990s. The aim is to approach criminal justice in a more socially engaged, problem-solving way. This paper considers different models and approaches to restorative justice and canvases factors of definition and perception, ethos and practical application… The aim is to highlight the shift of emphasis in criminal justice from adversarialism and blame to responsibility and reparation, and to provide some understanding and evaluation of the effectiveness of such approaches to criminal offending.
Calling for Change: Feminist approach
2018 Elizabeth Mary Grierson (Gresson) Calling for Change: A Feminist approach to women in art, politics, philosophy and education, Educational Philosophy and Theory, https://www.tandfonline.com/eprint/BGWn3d2SmQqB7sqa8E9w/full
DOI is: 10.1080/00131857.2018.1488215
Published online permanent link: https://doi.org/10.1080/00131857.2018.1488215
This article provides a revisionist analysis of female cultural production. It works with a feminist approach to the politics of knowledge, examining textual and political strategies in the recording of history and the ‘othering’ of women through dominant cultural discourses. Infusing this discussion is a feminist politics of interrogation on cultural change for women. Different approaches to feminism become apparent in the different conditions of knowledge under discussion. This leads to a final consideration of feminist challenges in context of the politics of neoliberalism as it seeks to identify a feminist potential for ‘a cleansing fire’, especially in light of abuse claims in professional domains. The interventions in this paper trace political strategies and challenges to keep the momentum of feminist histories and issues to the forefront of scholarly enquiry and political/social action.
2017 Co-authored, Towards a Philosophy of Academic Publishing. Educational Philosophy and Theory,
This article is concerned with developing a philosophical approach to a number of significant changes to academic publishing, and specifically the global journal knowledge system wrought by a range of new digital technologies that herald the third age of the journal as an electronic, interactive and mixed-media form of scientific communication. The paper emerges from an Editors’ Collective, a small New Zealand-based organisation comprised of editors and reviewers of academic journals mostly in the fields of education and philosophy. The paper is the result of a collective writing process.
Trust and Fiduciary Relationships in Education
2016 Elizabeth Mary Grierson (Gresson) Trust and Fiduciary Relationships in Education: What happens when trust is breached?, Educational Philosophy and Theory, DOI: 10.1080/00131857.2016.1231052
Link to this article: http://dx.doi.org/10.1080/00131857.2016.1231052
This paper examines trust as a fundamental aspect of fiduciary relationships in education. The specific relationship under examination is that of academic employee and university employer. The setting is Australia, but the principles apply to any democratic jurisdiction and educational level or location, where fiduciary principles are a fundamental pre-condition for healthy and trustworthy working relationships. The paper shows that trust is axiomatic to a working system of justice in a healthy educational workplace.
Cyberspace, Cyberbullying, Duty of Care
2016 E.M.Grierson (Gresson) Cyberspace, Cyberbullying, Duty of Care: Legal and Educational Responses. Paper presented at Compliance Creativity and Culture: Balancing regulatory demands and regulatory values, 25th Annual Conference, ANZELA Australia & New Zealand Education Law Association, Auckland, NZ, 28-30 Sept.
Evidence Seen and Unseen
2016 Grierson, E.M. (Gresson) & Gresson, N.L. Evidence Seen and Unseen: A Question of Balance. Paper at Compliance, Creativity and Culture: Balancing regulatory demands and educational values, 25th Annual Conference, ANZELA Australia & NZ Education Law Association, Auckland, NZ, 28-30 Sept.
2018 Invited paper on Restorative Justice and Therapeutic Jurisprudence, peer reviewed, for international law journal USA. Publication details to come.
2016 Invited Speaker, Restorative Justice. University of 3rd Age [U3A], Devonport Auckland, New Zealand, 14 September.
2015 Conference Paper. Restorative Justice: From adversarialism and blame to responsibility and reparation. 4th International Conference on Therapeutic Jurisprudence: Weaving Strands: Ngā Whenu Rāranga, University of Auckland, New Zealand, 3-4 September.
This paper critically considers the aims of restorative justice by focussing on factors of definition, perception, research and evaluation. It reviews examples of restorative justice programmes and processes, to highlight the shift of emphasis from adversarial models of justice to responsibility and reparation. Restorative justice programmes have the capacity to work towards the enhancement of self-responsibility, reparation, restitution and reconciliation.
TEQSA Tertiary Education Quality Standards Agency Act
2013 Published Paper. From Colonies to TEQSA: Vortices and Thermals of Legislative Change. Refereed paper, Safe, Successful and Sustainable Education – Is the Law a sword or a Shield, 22nd Annual Conference ANZELA Australia and New Zealand Education Law Association, Hobart, Tasmania, 2-4 October.
This paper situates the reach of Commonwealth powers into fields of State governance in Australia with focus on universities as legal entities. The underpinning legal regime is Constitutional Law. Particular attention is given to the changing ambit of the corporations power with the 2011 enactment of the Tertiary Education Quality and Standards Agency Act (TEQSA), establishing an Australia-wide, standards-based, regulatory framework for national consistency in higher education. Is the legal regime impinging on academic rights as corporate citizens?
2013 Panel Speaker,TEQSA Legislation in Higher Education in Australia, ANZELA Australia and New Zealand Education Law Association Conference Tertiary Education Panel.
Cyberbullying and Cyberstalking
2017 Invited Speaker, Bullying on Social Media: Unstoppable or Not? University of the Third Age [U3A] Auckland, St Chads Community Centre, St Johns, 11 September 2017.
With the exponential growth of internet usage worldwide, social media has become a site for bullying to proliferate. It can occur at any time of night or day and can be multiplied at the click of a mouse. This talk considers cyber offences and legal responses. It comes from personal experience and research in the field of cyberspace and cyberbullying in New Zealand and Australia.
2013 Invited Speaker, Cyberspace, Cyberbullying, Cyberstalking: New challenges in law and education. ANZELA Australia and New Zealand Education Law Association Seminar, Law Week, presented at Kelvin Club, Melbourne, Victoria, 14 May.
2012 Published Paper. Cyberspace, Cyberbullying, Cyberstalking: New challenges in law and education. In Woteva Nxt! Legal and Social Challenges in Education conference proceedings edited by Jane Battersby, the 21st Australia and New Zealand Education Law Association (ANZELA) conference, Rotorua NZ, 3-5 October.
2012 Conference presentation. Cyberspace, Cyberbullying, Cyberstalking: New challenges in law and education. Refereed paper at Woteva Nxt? Legal and Social Challenges in Education, 21st Annual Conference ANZELA Australia and New Zealand Education Law Assoc., Rotorua NZ, 3-5 October.
Cyberspace offers new possibilities for bullying and harassment. It also offers new legal and social challenges for educational institutions. This paper presents two scenarios of cyberstalking and bullying in an Australian university, discusses the ways they were dealt with legally and institutionally, the role of media and pertinent social implications. It considers responsibilities of educational institutions, the effectiveness of available legislation in Australia and New Zealand, and makes recommendations for change to meet this escalating problem.