My Expertise
criminal law reform and the use of criminalisation as a public policy tool
criminal law and intoxication/alcohol and drug effects
public order and the regulation of behaviour in public spaces
racism and racial vilification/hate speech laws
Fields of Research (FoR)
Criminal law, Legal institutions (incl. courts and justice systems), Law in contextBiography
Luke McNamara is a Professor in the Faculty of Law and Justice at the University of New South Wales. His research focuses on the deployment of criminalisation as a public policy tool. Current projects include studies of sexual offence trials and the history of criminal law-making directed at safety from violence. He is the author of the books Regulating Racism: Racial Vilification Laws in Australia (2002), and Human Rights Controversies: The...view more
Luke McNamara is a Professor in the Faculty of Law and Justice at the University of New South Wales. His research focuses on the deployment of criminalisation as a public policy tool. Current projects include studies of sexual offence trials and the history of criminal law-making directed at safety from violence. He is the author of the books Regulating Racism: Racial Vilification Laws in Australia (2002), and Human Rights Controversies: The Impact of Legal Form (2007); and a co-author of Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales (7th ed, 2020).
Recent journal articles have appeared in Criminology & Criminal Justice, International Journal for Crime, Justice & Social Democracy, New Criminal Law Review, UNSW Law Journal, International Journal of Law, Crime and Justice, Criminal Law Journal and Current Issues in Criminal Justice.
My Grants
- 2022-2024 Australian Institute of Criminology Indigenous Justice Research Program Grant: “Sentencing to create just outcomes: impact of trauma and strength of culture: Evaluating the impact of the Bugmy Bar Book Resources – the first 3 years” (with Professor Jill Hunter (UNSW). Amount awarded: $77,505
- 2021-2024 Australian Research Council Discovery Project (DP210101072) Grant: “Violence, Risk and Safety: The Changing Face of Australian Criminal Laws” (with Professor Julia Quilter (UOW), Professor Arlie Loughnan (U Syd), Professor Russell Hogg (QUT), Emeritus Professor David Brown (UNSW) and Professor Lindsay Farmer (Glasgow). Amount awarded: $327,330
- 2020-2023 Australian Research Council Discovery Project (DP 200100101) Grant: “Intoxication Evidence in Rape Trials: A Double-Edged Sword?” (with Professor Julia Quilter (UOW). Amount awarded: $239,322.
- 2017-2020 Australian Research Council Linkage Project (LP160101543) Grant: “Criminalisation of poverty and homelessness in Australia: A national study” (with Professor Tamara Walsh (UQ), Professor Julia Quilter (UOW) and Professor Thalia Anthony (UTS). Amount awarded: $156,000
- 2015 Australian Institute of Criminology - Criminology Research Grant: “Knowledges of ‘Intoxication’ and Australian Criminal Law: Implications for addressing Alcohol and Other Drug-Related Harms and Risks” (with Associate Professor Julia Quilter (UOW), Dr Kate Seear (Monash U) and Professor Robin Room (Centre for Alcohol Policy Research, La Trobe University). Amount awarded: $69,000.
- 2010-2012 Australian Research Council Discovery Project (DP1096721) Grant: “The Impact of Hate Speech Laws on Public Discourse in Australia” (with Professor Kath Gelber, UQ). Amount awarded: $192,000.
My Qualifications
PhD (University of Wollongong)
LLM (University of Manitoba)
BA, LLB (UNSW)
My Awards
2014 Australian Political Studies Association Mayer Journal Article Prize for K Gelber and L McNamara, ‘Freedom of Speech and Racial Vilification in Australia: “The Bolt Case” in Public Discourse’ (2013) 48(4) Australian Journal of Political Science 470-484.
My Research Activities
Professor McNamara is currently involved in collaborative projects on the history of the criminalisation of violence in Australia, and the nature and operation intoxication evidence in sexual assault trials - both funded by ARC Discovery Project grants.
Publications
ORCID as entered in ROS
https://orcid.org/0000-0002-8479-6469