Emma Cunliffe
Biographic Data
| ID | 812254 |
|---|---|
| NAME | Emma Cunliffe |
| GIVEN NAMES | Emma |
| FAMILY NAME | Cunliffe |
| SIGNATURE | CUNLIFFE E |
| AFFILIATIONS | University of British Columbia |
| ORCID | 0000-0002-8888-3252 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 53 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2006 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 3 |
On inertia, injustice and the need for reform: Introduction to a special issue on implications of the Folbigg case for the Australian criminal legal system
Revisiting Enhanced Protection: Implications from a Practical Case Study
The 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) created a new legal framework to improve protection for the world’s most important cultural property in cases of conflict, called enhanced protection. However, it has never been tested. In representing the NGO Blue Shield International, I had the opportunity to test it on the NATO training exercise STEADFAST JACKAL 2023. …
Fingerprint Comparison and Adversarialism: The Scientific and Historical Evidence
This article suggests that lawyers and courts are largely oblivious to scientific insights regarding the value and limitations of latent fingerprint evidence. It proceeds through a detailed historical analysis of the way fingerprint evidence has been reported and challenged. It compares legal responses with mainstream scientific research. Our analysis shows that fingerprint evidence is routinely equated with categorical proof of identity notwiths…
Isis and heritage destruction: A Sentiment Analysis
While periods of war have always seen cultural heritage placed at risk, the recent rise of ISIS has involved the deliberate targeting of heritage sites as part of a broader strategy towards local communities in Syria and Iraq. Using data collated from social media (Twitter), the authors conducted sentiment analysis of reactions to instances of heritage destruction and repurposing in the Middle East between 2015 and 2016. It is hoped that the insi…
Cultural heritage that heals: Factoring in cultural heritage discourses in the Syrian peacebuilding process
Transitional justice is considered a building block of peacebuilding in post-conflict scenarios. Processes may include criminal justice mechanisms, reparation programmes, truth-seeking bodies and institutional reforms which seek to provide redress for victims of human rights atrocities. However, it is now widely acknowledged that the destruction of cultural heritage plays a significant role in and of itself in modern conflicts, affecting entire s…
A little ignorance is a dangerous thing: Engaging with exogenous knowledge not adduced by the parties
Using a recent trial and appeal in Canada as an example, this essay reviews our conventional reticence to allowing judges to draw the attention of counsel to issues that might influence the assessment of forensic science evidence in criminal proceedings. We question the institutional commitment to judicial non-intervention and suggest that on many occasions judicial passivity or quiescence (rather than impartiality) threatens the fundamental goal…
The Destruction of Cultural Property in the Syrian Conflict: Legal Implications and Obligations
This article comes as the conflict in Syria has entered its fifth year, bringing with it loss of life and the displacement of the Syrian people as well as extensive damage to, and destruction of, the country's cultural heritage. This article will first provide an overview and explanation of the national and international legal framework for protecting cultural property in conflict as it applies to the Syrian State and the non-State actors involve…
Women and wrongful convictions: Concepts and challenges
This paper draws from the wrongful convictions of women to interrogate the limits of dominant conceptions of wrongful conviction. Most North American innocence projects turn on a conception of demonstrable factual innocence. The paper argues that this focus is problematic as a matter of criminal law principle and presents particular difficulties for women. The paper identifies that family violence forms the primary context for both the conviction…
Elizabeth A. Sheehy Defending Battered Women on Trial: Lessons from the Transcripts. Vancouver: UBC Press, 2014
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Archaeological Site Damage in the Cycle of War and Peace: A Syrian Case Study
This article compares the damage sustained to sites in Syria during 50 years of peace with that recorded during the recent conflict. A methodology is presented to analyze peacetime site damage using remote assessment of sites on sequential satellite imagery and site damage during conflict from media sources, together with samples of the results achieved. The findings are compared to begin to draw out similarities and differences in how site damag…
Judging, Fast and Slow: Using Decision-Making Theory to Explore Judicial Fact Determination
Empirical research with judges and jurors has provided research into the process by which legal decision-makers come to a view about the facts of the case. However, much remains uncertain, including questions about how judges' reasoning processes might differ from jurors' when thinking through the facts of a case, and how well the insights of decision-making research translate into the noisy context of real criminal trials. This article offers a …
No Longer Lost in the Wilderness
In this new contribution to the emerging field of cultural property protection in conflict, Kila aims to provide readers with an overview of the underlying issues and dilemmas. As he rightly points out, it is not possible to give the subject comprehensive coverage within the scope of a single article, but many points are raised which “will hopefully trigger discussions and stimulate people to engage in CPP in a proactive manner” (p. 319). In a fi…
(This Is Not A) Story: Using Court Records to Explore Judicial Narratives in R v Kathleen Folbigg
(2007). (This Is Not A) Story: Using Court Records to Explore Judicial Narratives in R v Kathleen Folbigg. Australian Feminist Law Journal: Vol. 27, No. 1, pp. 71-95
Anywhere But Here: Race and Empire in the Mabo Decision
The High Court of Australia's decision in Mabo v. Queensland (No. 2) is among the most widely known and controversial decisions the Court has yet delivered. In this article, I explore the competing visions of legal history that are implicit within Brennan, J.'s leading judgment and Dawson, J.'s dissent. In particular, I discuss the ways in which both of these judgments render an incomplete and contradictory documentary record more coherent than i…
Without Fear or Favour? Trends and Possibilities in the Canadian Approach to Expert Human Behaviour Evidence
In R v Lavallee and R v Mohan, the Supreme Court of Canada established a test for the admissibility of expert evidence which is somewhat different from that used in other common law jurisdictions. Over the course of several more recent decisions, the court has expressed an increasingly sceptical attitude towards expert evidence of human behaviour. Collectively, these cases have left the state of Canadian law unclear. Canadian commentators also di…
The Destruction of Cultural Property in the Syrian Conflict: Legal Implications and Obligations
This article comes as the conflict in Syria has entered its fifth year, bringing with it loss of life and the displacement of the Syrian people as well as extensive damage to, and destruction of, the country's cultural heritage. This article will first provide an overview and explanation of the national and international legal framework for protecting cultural property in conflict as it applies to the Syrian State and the non-State actors involve…
Archaeological Site Damage in the Cycle of War and Peace: A Syrian Case Study
This article compares the damage sustained to sites in Syria during 50 years of peace with that recorded during the recent conflict. A methodology is presented to analyze peacetime site damage using remote assessment of sites on sequential satellite imagery and site damage during conflict from media sources, together with samples of the results achieved. The findings are compared to begin to draw out similarities and differences in how site damag…
Isis and heritage destruction: A Sentiment Analysis
While periods of war have always seen cultural heritage placed at risk, the recent rise of ISIS has involved the deliberate targeting of heritage sites as part of a broader strategy towards local communities in Syria and Iraq. Using data collated from social media (Twitter), the authors conducted sentiment analysis of reactions to instances of heritage destruction and repurposing in the Middle East between 2015 and 2016. It is hoped that the insi…
Women and wrongful convictions: Concepts and challenges
This paper draws from the wrongful convictions of women to interrogate the limits of dominant conceptions of wrongful conviction. Most North American innocence projects turn on a conception of demonstrable factual innocence. The paper argues that this focus is problematic as a matter of criminal law principle and presents particular difficulties for women. The paper identifies that family violence forms the primary context for both the conviction…
No Longer Lost in the Wilderness
In this new contribution to the emerging field of cultural property protection in conflict, Kila aims to provide readers with an overview of the underlying issues and dilemmas. As he rightly points out, it is not possible to give the subject comprehensive coverage within the scope of a single article, but many points are raised which “will hopefully trigger discussions and stimulate people to engage in CPP in a proactive manner” (p. 319). In a fi…
(This Is Not A) Story: Using Court Records to Explore Judicial Narratives in R v Kathleen Folbigg
(2007). (This Is Not A) Story: Using Court Records to Explore Judicial Narratives in R v Kathleen Folbigg. Australian Feminist Law Journal: Vol. 27, No. 1, pp. 71-95
Anywhere But Here: Race and Empire in the Mabo Decision
The High Court of Australia's decision in Mabo v. Queensland (No. 2) is among the most widely known and controversial decisions the Court has yet delivered. In this article, I explore the competing visions of legal history that are implicit within Brennan, J.'s leading judgment and Dawson, J.'s dissent. In particular, I discuss the ways in which both of these judgments render an incomplete and contradictory documentary record more coherent than i…
Without Fear or Favour? Trends and Possibilities in the Canadian Approach to Expert Human Behaviour Evidence
In R v Lavallee and R v Mohan, the Supreme Court of Canada established a test for the admissibility of expert evidence which is somewhat different from that used in other common law jurisdictions. Over the course of several more recent decisions, the court has expressed an increasingly sceptical attitude towards expert evidence of human behaviour. Collectively, these cases have left the state of Canadian law unclear. Canadian commentators also di…
(This Is Not A) Story: Using Court Records to Explore Judicial Narratives in R v Kathleen Folbigg
(2007). (This Is Not A) Story: Using Court Records to Explore Judicial Narratives in R v Kathleen Folbigg. Australian Feminist Law Journal: Vol. 27, No. 1, pp. 71-95
Anywhere But Here: Race and Empire in the Mabo Decision
The High Court of Australia's decision in Mabo v. Queensland (No. 2) is among the most widely known and controversial decisions the Court has yet delivered. In this article, I explore the competing visions of legal history that are implicit within Brennan, J.'s leading judgment and Dawson, J.'s dissent. In particular, I discuss the ways in which both of these judgments render an incomplete and contradictory documentary record more coherent than i…
No Longer Lost in the Wilderness
In this new contribution to the emerging field of cultural property protection in conflict, Kila aims to provide readers with an overview of the underlying issues and dilemmas. As he rightly points out, it is not possible to give the subject comprehensive coverage within the scope of a single article, but many points are raised which “will hopefully trigger discussions and stimulate people to engage in CPP in a proactive manner” (p. 319). In a fi…
Archaeological Site Damage in the Cycle of War and Peace: A Syrian Case Study
This article compares the damage sustained to sites in Syria during 50 years of peace with that recorded during the recent conflict. A methodology is presented to analyze peacetime site damage using remote assessment of sites on sequential satellite imagery and site damage during conflict from media sources, together with samples of the results achieved. The findings are compared to begin to draw out similarities and differences in how site damag…
Judging, Fast and Slow: Using Decision-Making Theory to Explore Judicial Fact Determination
Empirical research with judges and jurors has provided research into the process by which legal decision-makers come to a view about the facts of the case. However, much remains uncertain, including questions about how judges' reasoning processes might differ from jurors' when thinking through the facts of a case, and how well the insights of decision-making research translate into the noisy context of real criminal trials. This article offers a …
Women and wrongful convictions: Concepts and challenges
This paper draws from the wrongful convictions of women to interrogate the limits of dominant conceptions of wrongful conviction. Most North American innocence projects turn on a conception of demonstrable factual innocence. The paper argues that this focus is problematic as a matter of criminal law principle and presents particular difficulties for women. The paper identifies that family violence forms the primary context for both the conviction…
Elizabeth A. Sheehy Defending Battered Women on Trial: Lessons from the Transcripts. Vancouver: UBC Press, 2014
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Cultural heritage that heals: Factoring in cultural heritage discourses in the Syrian peacebuilding process
Transitional justice is considered a building block of peacebuilding in post-conflict scenarios. Processes may include criminal justice mechanisms, reparation programmes, truth-seeking bodies and institutional reforms which seek to provide redress for victims of human rights atrocities. However, it is now widely acknowledged that the destruction of cultural heritage plays a significant role in and of itself in modern conflicts, affecting entire s…
A little ignorance is a dangerous thing: Engaging with exogenous knowledge not adduced by the parties
Using a recent trial and appeal in Canada as an example, this essay reviews our conventional reticence to allowing judges to draw the attention of counsel to issues that might influence the assessment of forensic science evidence in criminal proceedings. We question the institutional commitment to judicial non-intervention and suggest that on many occasions judicial passivity or quiescence (rather than impartiality) threatens the fundamental goal…
The Destruction of Cultural Property in the Syrian Conflict: Legal Implications and Obligations
This article comes as the conflict in Syria has entered its fifth year, bringing with it loss of life and the displacement of the Syrian people as well as extensive damage to, and destruction of, the country's cultural heritage. This article will first provide an overview and explanation of the national and international legal framework for protecting cultural property in conflict as it applies to the Syrian State and the non-State actors involve…
Isis and heritage destruction: A Sentiment Analysis
While periods of war have always seen cultural heritage placed at risk, the recent rise of ISIS has involved the deliberate targeting of heritage sites as part of a broader strategy towards local communities in Syria and Iraq. Using data collated from social media (Twitter), the authors conducted sentiment analysis of reactions to instances of heritage destruction and repurposing in the Middle East between 2015 and 2016. It is hoped that the insi…
Fingerprint Comparison and Adversarialism: The Scientific and Historical Evidence
This article suggests that lawyers and courts are largely oblivious to scientific insights regarding the value and limitations of latent fingerprint evidence. It proceeds through a detailed historical analysis of the way fingerprint evidence has been reported and challenged. It compares legal responses with mainstream scientific research. Our analysis shows that fingerprint evidence is routinely equated with categorical proof of identity notwiths…
Revisiting Enhanced Protection: Implications from a Practical Case Study
The 1999 Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954) created a new legal framework to improve protection for the world’s most important cultural property in cases of conflict, called enhanced protection. However, it has never been tested. In representing the NGO Blue Shield International, I had the opportunity to test it on the NATO training exercise STEADFAST JACKAL 2023. …
On inertia, injustice and the need for reform: Introduction to a special issue on implications of the Folbigg case for the Australian criminal legal system
Political science (12 works) · Law (10 works) · Sociology (10 works) · Archaeological Research and Protection (6 works) · Law (6 works) · Law and economics (6 works) · Computer Science (5 works) · History (5 works) · Economic Justice (4 works) · Epistemology (4 works)