Professor Mark Nolan
Areas of expertise
- Psychological Methodology, Design And Analysis 170110
- Human Rights Law 180114
- Citizenship 160602
- Social And Community Psychology 170113
- Comparative Law 180106
- Police Administration, Procedures And Practice 160205
- Criminal Law And Procedure 180110
- Law And Society 180119
- South East Asian Languages (Excl. Indonesian) 200314
Research interests
Legal psychology. Criminal law and procedure including codified Australian federal criminal law (such as counter-terrorism law and human trafficking) and military discipline law. Citizenship law, human rights law, intergroup relations, social justice theory, and sentencing law. Comparative criminal and constitutional law in South-East Asia (Thailand and Myanmar).
Biography
Associate Professor Mark Nolan is an interdisciplinary legal scholar with doctoral training in social psychology. He researches criminal law and procedure including codified Australian federal criminal law (such as counter-terrorism law and human trafficking) and military discipline law. He has also researched citizenship law, human rights law, intergroup relations, social justice theory, and sentencing law (via work with the National Judicial College of Australia).
Beyond producing two books, 11 journal articles and 7 book chapters, Mark has presented more than 60 research- based seminars over the past decade to university students in law and/or psychology, judges, psychologists, psychiatrists, policy makers and prisoners.
Mark has contributed to or hosted national and international research meetings on jury reform, focusing on jury law and policy in Australia, Japan and Korea.
Mark has completed staff research exchanges in Japan (Chuo University) and research training in Myanmar (University of Yangon), as well as delivering research presentations in Thailand (Chulalongkorn and Thammasat Universities). Mark holds a Masters of Asia Pacific Studies from the ANU, majoring in Thai language.
Mark was the inaugural ACT Branch President of the Australian and New Zealand Association of Psychiatry, Psychology and Law from 2012-2015. Since 2012 he has organised a program of research presentations and conferences for ANZAPPL (in 2015, jointly hosted by the Faculty of Forensic Psychiatry of the Australian and New Zealand College of Psychiatrists). He is currently Secretary of the binational organisation ANZAPPL Inc and is an Ordinary Member on the Committee of ANZAPPL ACT.
Researcher's projects
Current
Social Cohesion, Diversity and Integration project (4th placed cross-campus team of researchers from the 2018 Grand Challenges Bid funded as a start up project by the VC and various ANU Deans). The funding for a law component is committed is $150,000 over 3 years 2019-2021.
Narratives of Compassion in Sentencing (with A/Prof Anthony Hopkins, Prof Lorana Bartels, Dr Stephen Tang and Dr Shannon Buglar (research assistant)) $25 000 in 2019 ANU College of Law New Research Collaboration Grant for an experimental project on attitudes and reaction to compassionate approaches to writing sentencing remarks.
Past funded projects
Mark Nolan, Understanding the Link Between “Victim” and Perpetrator Status for Thai Women Convicted of Trafficking and Enslaving Thai Women in Australia (ANU College of Law Small Grant Scheme / ARC seeding Project, 2016, $3963.60)
Andrew Byrnes, Simon Bronitt, Miriam Gani, Russell Hogg, Penelope Mathew, Mark Nolan, and Gabriele Porretto, Terrorism and the Non-State Actor After September 11: The Role of Law in the Search for Security. Discovery Project (DP0451473) Funded by the Australian Research Council 2004-2007, $180 000.
2004 : $60,000
2005 : $60,000
2006 : $60,000
Summary: September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to accepted legal categories; debates around exceptionalism as a justification for new laws; their unintended and collateral consequences; and public attitudes to new security measures. The research will enhance understanding of current reactions to terrorism and inform policy analysis and public debate over appropriate future responses.
Available student projects
Not available for Honours supervision in Law in Sem 1 2020.
Not currently available for PhD supervision in Law until further notice.
Current student projects
Current PhD students supervised:
Constitutional Rights under Thai Constitutions https://law.anu.edu.au/people/sarah-bishop
Negligence and Military Offences in Australian Military Discipline Law https://law.anu.edu.au/people/joshua-liddy
Sentencing and Culture When Sentencing Indigenous Australians https://law.anu.edu.au/people/mary-spiers-williams
Official Visitors in the Japanese Correctional System https://law.anu.edu.au/people/carol-lawson
PhD theses supervised and currently under examination:
Current PhD panel memberships:
http://history.cass.anu.edu.au/people/murray-chisholm (History/CASS)
Past student projects
(Co-)supervised PhD Students
Dr Alexandra Walker, The Global Collective Consciousness: Applying a Depth Psychology Framework to International Law (ANUCoL, Co-supervisor with Prof Kim Rubenstein) (thesis submitted)
Dr Abhichon Chandrasen, Enhancing the Deterrent Effect of Anti-Fraud Measures in Thai Securities Law and Compliance Procedures
Dr Alexandra McEwan, The Concept of Violence: A Proposed Framework for the Study of Animal Protection Law and Policy
PhD Panel Memberships
Dr Wendy Kukulies-Smith, Punishing Parents: A Study of Family Hardship in Australian Sentencing (ANUCoL, PhD Adviser on panel chaired by Prof Simon Bronitt)
Dr Robin Gibson, Bridging the Gap Between Rhetoric and Reality: Can the Law Enforce Quality Patient-Centred Care in Australia? (ANUCoL, PhD Adviser on panel chaired by A/Prof Miriam Gani)
Dr Johannes-Krebs, The Right to a Fair Trial in the Context of Counter-Terrorism: The Use and Suppression of Sensitive Information in Australia and the United Kingdom (ANUCoL, PhD Adviser on panel chaired by Prof Simon Bronitt)
Dr Carolyn Penfold, Contextualising Legal Education: The Case of Solomon Islands and Vanuatu. (ANUCoL, PhD Adviser on panel chaired by Prof Michael Coper)
Dr Anne Imobersteg Harvey, Comparison of Counter-terrorism Law and Organised Crime Law: EU and Australia (Faculty of Law, University of Western Australia, PhD Adviser on panel chaired by Prof Peter Handford):
Dr Melanie Blair, Euthanasia Law Reform in the UK (Faculty of Law, University of Newcastle, UK; Visiting PhD Scholar ANU College of Law, PhD Adviser on panel chaired by Prof Ashley Wilton)
Dr Kath Hall, Psychological Jurisprudence and the Professional Regulation of Large-Firm Lawyer Dishonesty (ANUCoL, PhD Adviser on panel chaired by Prof Stephen Bottomley)
Dr Saskia Hufnagel, Comparison of European and Australian Cross Border Law Enforcement Strategies. [PhD passed December 2010] by Saskia Hufnagel (ANUCoL, PhD Adviser on panel chaired by Prof Simon Bronitt)
Dr Caroline Blink, Processes in Long-term Attitude Change in Relation to Reconciliation. [PhD conferred July 2011] (CMBE, Department of Psychology, PhD Adviser on panel chaired by Prof Craig McGarty/Dr Ken Mavor)
Dr Léan O’Brien, Dynamic Justice: A Social Identity Perspective on the Context-Dependent Nature of Justice Principles. (PhD Conferred 2010) (CMBE, Departmet of Psychology, PhD Adviser on panel chaired by A/Prof Michael Platow)
Dr Antoinette Harmer, Assessment of Best Interests of the Child Under the Family Law Act 1975 (Cth) by Australian Forensic Psychologists (School of Psychology, Charles Sturt University, PhD (Forensic Psychology) placement co-supervisor supporting a PhD panel chaired by Prof. Don Thomson (retired) and Prof Jane Goodman-Delahunty)
Dr Perri Timmins, Factors Influencing Judicial Officers’ Attitude Towards Using Sentencing Guidelines (PhD conferred Dec 2005) (ANUCoL, PhD Adviser on panel chaired by Prof Simon Bronitt)
Honours Supervisions in ANU College of Law and ANU Research School of Psychology
More than 40 supervisions.
Publications
- Birch, P, Nolan, M, Henderson Hurley, M et al. 2020, 'Reflecting on Leaders in Corrections', in Dilip K Das and Philip Birch (ed.), Trends in Corrections: Interviews with Corrections Leaders Around the World, Routledge, New York, pp. 213-223.
- Nolan, M, Henderson Hurley, M, Dilip, D et al 2020, 'Contextualising the Issue: Leadership in Corrections', in Dilip K Das and Philip Birch (ed.), Trends in Corrections: Interviews with Corrections Leaders Around the World, Routledge, New York, pp. 1-6.
- Nolan, M & Bishop, S 2017, 'The Criminal Justice Process of Thailand / Yaowalak Anuphan, Thai Lawyers for Human Rights, Bangkok', in Jane Goodman-Delahunty; Dilip K.Das (ed.), Trends in Legal Advocacy: Interviews with Prosecutors and Criminal Defence Lawyers Across the Globe, CRC Press, Taylor & Francis Group, United States of America, p. 257.
- Smith, C & Nolan, M 2016, 'Post-sentence continued detention of high-risk terrorist offenders in Australia', Criminal Law Journal, vol. 40, no. 3, pp. 163-179.
- Nolan, M & Goodman-Delahunty, J 2015, Legal Psychology in Australia, Thomson Reuters (Professional) Australia Limited, Pyrmont, NSW.
- Jenkins, F, Nolan, M & Rubenstein, K 2014, 'Introduction: allegiance and identity in a globalised world', in Fiona Jenkins, Mark Nolan, Kim Rubenstein (ed.), Allegiance and Identity in a Globalised World, Cambridge University Press, Cambridge, United Kingdom, pp. 1-27.
- Jenkins, F, Nolan, M & Rubenstein, K, eds, 2014, Allegiance and Identity in a Globalised World, Cambridge University Press, Cambridge, United Kingdom.
- McKay, C, Nolan, M & Smithson, M, Effectiveness of Question Trails as Jury Decision Aids: the Jury's Still Out, 2013 Psychiatry, Psychology and Law (Published online 1 Oct 2013 DOI:10.1080/13218719.2013.839929)
- Nolan, M 2012, 'Review Essay: The Constitutional System of Thailand: A Contextual Analysis', Australian Journal of Asian Law, vol. 13, no. 1, pp. 1-8.
- Nolan, M 2012, 'Jury Conduct', in Ruth Chadwick (ed.), Encyclopedia of Applied Ethics, Elsevier, London, pp. 794-800pp.
- Gastil, J, Fukurai, H, Anderson, K et al 2012, 'Seeing Is Believing: The Impact of Jury Service on Attitudes Toward Legal Institutions and the Implications for International Jury Reform', Court Review, vol. 48, pp. 124-130.
- Nolan, M 2009, 'Counter-terrorism interviewing and investigative interoperability: R v ul-Haque [2007] NSWSC 1251', Psychiatry, Psychology and Law, vol. 16, no. 2, pp. 175-190.
- Reynolds, K, Oakes, P, Haslam, S et al. 2000, 'Responses to powerlessness: Stereotyping as an instrument of social conflict', Group Dynamics: theory, research, and practice, vol. 4, no. 4, pp. 275-290.
- Nolan, M 2009, 'Social Science and Criminal Law Reform: Beyond Mere Opinion Polling and Penal Populism', in Bernadette McSherry, Alan Norrie and Simon Bronitt (ed.), Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law, Hart Publishing, Great Britain, pp. 165-184.
- Nolan, M & Rubenstein, K 2009, 'Citizenship and identity in diverse societies', Humanities Research, vol. XV, no. 1, pp. 29-44.
- Gani, M & Nolan, M 2009, 'Submission Commenting on the Discussion Paper National Security Legislation'.
- Nolan, M 2008, 'Lay Perceptions of Terrorist Acts and Counter-Terrorism Responses: Role of Motive, Offence Construal, Siege Mentality and Human Rights', in Miriam Gani & Penelope Mathew (ed.), Fresh Perspectives on the 'War on Terror', ANU ePress, Canberra Australia, pp. 85-107.
- Nolan, M 2008, Construing Human Rights: Protecting Subgroups and Individuals, VDM Verlag, Saarbrucken Germany.
- Nolan, M & Branscombe, N 2008, 'Conceptions of the Human Self and Human Rights: Implications for the Psychological Continuity of Less Inclusive Selves', in Fabio Sani (ed.), Self Continuity: Individual and Collective Perspectives, Psychology Press, Taylor & Francis, New York, pp. 201-211.
- Nolan, M 2008, 'Pleading Insanity And Mental State Defences', LegalDate, vol. 20, no. 3, pp. 8-9.
- Nolan, M, Blank, G & Selby, H 2007, 'Special Issue: Persuasion (Part I)', The ADR Bulletin, vol. 9, no. 10, pp. 181-200.
- Nolan, M, Blank, G & Selby, H 2007, 'Special Issue: Persuasion (Part II)', The ADR Bulletin, vol. 10, no. 1, pp. 1-20.
- Nolan, M & Anderson, K 2007, 'Reintroducing a Criminal Jury in Japan: Reform Lessons for Us All?', Reform, vol. 90.
- Nolan, M 2004, 'The Adversarial Mentality Versus the Inquisitorial Mentality', LegalDate, vol. 16, no. 3, p. 7.
- Anderson, K & Nolan, M 2004, 'Lay Participation in the Japanese Justice System: A Few Preliminary Thoughts Regarding the Lay Assessor System (saiban-in seido) from Domestic Historical and International Psychological Perspectives', Vanderbilt Journal of Transnational Law, vol. 37, no. 4, pp. 935-992.
- Nolan, M 2003, 'More Creativity, Less Criticism: An "Evidence Based" Approach to Jury Reform', LegalDate, vol. 15, no. 3, p. 5.
- Nolan, M & Grace, D 2003, 'Should Adopted Children Be Granted Access to the Identity of Their Birth Parents? A Psychological Perspective', Journal of Information Ethics, vol. 12, no. Special Issue: Freedom of Information, pp. 67-79.
- Nolan, M & Oakes, P 2003, 'Human Rights Concepts in Australian Political Debate', in Tom Campbell, Jeffrey Goldsworthy, Adrienne Stone (ed.), Protecting Human Rights - Instruments and Institutions, Oxford University Press, UK, pp. 75-92.
- Nolan, M 2003, 'More creativity, Less criticism: an evidence based approach to jury reform', LegalDate, vol. 15, no. 3, pp. 5-7.
- Platow, M, Wenzel, M & Nolan, M 2003, 'The importance of social identity and self-categorization processes for creating and responding to fairness', in S.Alexander Haslam, Daan van Knippenberg, Michael J. Platow, Naomi Ellemers (ed.), Social Identity at Work: Developing Theory for Organizational Practice, Psychology Press, Taylor & Francis, USA, pp. 261-276.
- Nolan, M & Platow, M 2003, 'The Importance of Intragroup and Intergroup Dynamics for Creating and Responding to Fairness', in S.Alexander Haslam, Daan van Knippenberg, Michael J. Platow, Naomi Ellemers (ed.), Social Identity at Work: Developing Theory for Organizational Practice, Psychology Press, Taylor & Francis, USA, pp. 261-276.
- Reynolds, K, Oakes, P, Haslam, S et al. 2000, 'Responses to Powerlessness: Stereotypes as an Instrument of Social Conflict', Group Dynamics: theory, research, and practice, vol. 4, no. 4, pp. 275-290.
- Nolan, M 2000, 'Some legal and psychological benefits of a nationally uniform and general anti-discrimination law in Australia', Australian Journal of Human Rights, vol. 6, no. 1, pp. 79-106.
- Nolan, M, Haslam, S, Spears, R et al. 1999, 'An Examination of Resource-Based and Fit-Based Theories of Stereotyping Under Cognitive Load and Fit', European Journal of Social Psychology, vol. 29, pp. 641-663.
- Haslam, S, Turner, J, Oakes, P et al. 1998, 'When do Stereotypes Become Really Consensual? Investigating the Group-Based Dynamics of the Consensualization Process', European Journal of Social Psychology, vol. 28, pp. 755-776.
Projects and Grants
Grants information is drawn from ARIES. To add or update Projects or Grants information please contact your College Research Office.
- Memory and the Law: Australian Guidelines on the Memory of Complainants of Child Sexual Abuse (Secondary Investigator)
