Professor Kim Rubenstein
Areas of expertise
- Access To Justice 180102
- Administrative Law 180103
- Citizenship 160602
- International Law (Excl. International Trade Law) 180116
- Comparative Law 180106
- Constitutional Law 180108
- Law And Legal Studies Not Elsewhere Classified 189999
Research interests
In addition to her areas of expertise, Professor Rubenstein was the Inaugural Convenor of the ANU Gender institute 2011-2012 and returned to that position for the first semester of 2016. She was also appointed an ANU Public Policy Fellow in 2012.
Biography
Kim Rubenstein is an Honourary Professor at ANU, having moved to take up a Professorship at the University of Canberra, as Co-Director of the 50/50 by 2030 Foundation in February 2020. https://www.5050foundation.edu.au/who/co/ and https://researchprofiles.canberra.edu.au/en/persons/kim-rubenstein
Kim’s research projects revolve around citizenship law and ideas about active citizenship. She is the co-series editor of Cambridge University Press series Connecting International with Public Law. http://www.cambridge.org/tr/academic/subjects/law/constitutional-and-administrative-law/series/connecting-international-law-public-law. Her book, Australian Citizenship Law (Lawbook, 2017) is a revised second edition of her 2002 book, representing much of the spread of her interest in her research on citizenship issues, looking at the disjuncture between the exclusive legal notion and the more inclusive normative understanding of citizenship. In 2002-2003 she was based at Georgetown University Law Center, as a Fulbright Senior Scholar to work on the status of nationality in an international law context. Kim is a graduate of the University of Melbourne and Harvard Law School. Her graduate work at Harvard was supported by the Sir Robert Menzies Scholarship to Harvard, a Fulbright postgraduate award, and a Queen Elizabeth Jubilee Trust award. Kim’s interests also encompass teaching (where she has co-authored a book on Feedback) and the broader field of education, particularly women’s education. She is currently completing a biography of Joan Montgomery OBE, former Principal of Presbyterian Ladies' College Melbourne, and an influential educator. In the practical legal sphere, Kim has made significant contributions to the jurisprudence in citizenship. She was a member of the Independent Committee appointed by the Minister for Immigration and Citizenship to review the Australian Citizenship Test in 2008 and she has appeared three times in the High Court of Australia on citizenship matters, with her work cited in Singh v Commonwealth (2004).For a fuller biography see http://www.womenaustralia.info/leaders/biogs/WLE0613b.htm
Researcher's projects
Professor Rubenstein was a CI on an ARC Linkage Grant run by Professor Mary Crock through Sydney University called Small Mercies, Big Futures: Enhancing Law, Policy and Practice in the selection, protection and settlement of refugee children and youth. Professor Rubenstein's work in that project concentrated on the the relationship between citizenship and children.
Professor Rubenstein was the Principal CI on the ARC Linkage Grant oral history project Trailblazing Women and the Law (see further below). Her co-CIs are based at the University of Melbourne with a partner investigator at the National Library of Australia. The linkage partners on the project were the National Library of Australia, the National Foundation of Australian Women, Australian Women Lawyers, the Federal Court and the Family Court.
Professor Rubenstein was a series editor for the six volume CUP series Connecting International law and Public law which published the books from the workshop series run through the Centre for International and Public law. Each workshop brought together public law and international law scholars around a different theme. See further http://www.cambridge.org/gb/knowledge/series/series_display/item3937526/?site_locale=en_GB
Available student projects
Through the Centre for International and Public law (CIPL), undergraduate law students are able to undertake an internship towards their degree, working on a project of relevant to CIPL.
In addition, Professor Rubenstein has maintained a practising certificate and runs selected citizenship matters, and in 2017 a group of students worked with her on an AAT appeal around a decision under the Australian Citizenship Act 2007. Students interested in this work can contact Professor Rubenstein in her new position at the University of Canberra.
A report around that experience can be seen at https://mailchi.mp/c7b18c217e44/statelessness-bulletin-january-2018 and the judgment in that case can be read at http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2017/2999.html?context=1;query=DLSV;mask_path=au/cases/cth/AATA
Publications
- Rubenstein, K, Zagor, M & Dalla-Pozza, D 2019, 'Submission to the PJCIS: Inquiry into the Australian Citizenship Amendment (Strengthening the Citizenship Loss Provisions) Bill 2018'.
- Kenny, M, Grafton, R, Rubenstein, K et al. 2019, Democracy Sausage with Mark Kenny: Disendorsement, diversity, and distrust.
- Rubenstein, K 2016, 'The trailblazing women and the law project', Alternative Law Journal, vol. 41, no. 1, pp. 13-16.
- Rubenstein, K 2016, ''Alive in the Telling': Trailblazing Women Lawyers' Lives, Lived with Law', Law Text Culture, vol. 20, no. -, pp. 66-92.
- Rubenstein, K 2016, 'In Her Own Voice: Oral (Legal) History's Insights on Gender and the Spheres of Public Law', in Kim Rubenstein, Katharine G. Young (ed.), The Public Law of Gender: From the Local to the Global, Cambridge University Press, Cambridge, United Kingdom, pp. 246-269.
- Rubenstein, K & Young, K, eds, 2016, The Public Law of Gender: From the Local to the Global, Cambridge University Press, Cambridge, United Kingdom.
- Nasu, H & Rubenstein, K, eds, 2015, Legal Perspectives on Security Institutions, Cambridge University Press, Cambridge, United Kingdom.
- Nasu, H & Rubenstein, K 2015, 'Introduction: the expanded conception of security and institutions', in H Nasu, K Rubenstein (ed.), Legal Perspectives on Security Institutions, Cambridge University Press, Cambridge, United Kingdom, pp. 1-24.
- Rubenstein, K & Field, J 2015, 'Citizens in Their in Own Right: Achieving Adequate Recognition of Children in Australia's Immigration and Citizenship Framework', in Mary Crock (ed.), Creating New Futures: Settling Children and Youth From Refugee Backgrounds, The Federation Press, Sydney, pp. 241-256.
- Rubenstein, K 2015, 'A funny course for a woman (review)', Victorian Historical Journal, vol. 86, no. 2, pp. 390-393.
- Rubenstein, K & Lenagh-Maguire, N 2014, 'More or less secure? Nationality questions, deportation and dual nationality', in Alice Edwards, Laura van Waas (ed.), Nationality and Statelessness under International Law, Cambridge University Press, Cambridge, United Kingdom, pp. 264-291.
- Jenkins, F, Nolan, M & Rubenstein, K, eds, 2014, Allegiance and Identity in a Globalised World, Cambridge University Press, Cambridge, United Kingdom.
- 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.
- Neoh Weng Fei, J, Rothwell, D & Rubenstein, K 2014, 'The complicated case of Stern Hu: allegiance, identity and nationality 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. 453-477.
- Rubenstein, K 2014, 'Book Review - Ronli Sifris,Reproductive Freedom, Torture and International Human Rights: Challenging the Masculinisation of Torture (Routledge 2014)', Monash University Law Review, vol. 40, no. 1, pp. 236-242.
- Rubenstein, K & Lenagh-Maguire, N 2014, 'Thick and Thin Citizenship as Measures of Australian Democracy', in G Patmore, K Rubenstein (ed.), Law and Democracy: Contemporary Questions, ANU Press, Canberra, ACT, pp. 27-43.
- Rubenstein, K 2014, 'Epilogue: Reflections on women and leadership through the prism of citizenship', in Joy Damousi, Kim Rubenstein and Mary Tomsic (ed.), Diversity in Leadership : Australian women, past and present, ANU Press, Canberra, pp. 335-339.
- Patmore, G & Rubenstein, K 2014, 'Law and Democracy: Contemporary Questions', in G Patmore, K Rubenstein (ed.), Law and Democracy: Contemporary Questions, ANU Press, Canberra, ACT, pp. 1-7.
- Damousi, J, Rubenstein, K & Tomsic, M, eds, 2014, Diversity in Leadership: Australian women, past and present, ANU Press, Canberra.
- Rubenstein, K & Patmore, G, eds, 2014, Law and Democracy. Contemporary Questions, ANU Press, Canberra, ACT.
- Rubenstein, K & Richards-Neville, C 2014, 'Australia's Gendered Constitutional History and Future', in Susan H. Williams (ed.), Social Difference and Constitutionalism in Pan-Asia, Cambridge University Press, New York, USA, pp. 261-291.
- Arcioni, E & Rubenstein, K 2014, 'R v Pearson; Ex parte Sipka: Feminism and the Franchise', in Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter (ed.), Australian Feminist Judgments, Hart Publishing, Oxford and Portland, Oregon, pp. 55-68.
- Rubenstein, K & Field, J 2013, 'Who We Are Not Is Not Who We Are: Australia's Exclusionary Approach to Citizenship', in Bob Douglas and Jo Wodak (ed.), Refugees and asylum seekers: Finding a better way, Australia21 Limited, Australia, pp. 88-91pp.
- Rubenstein, K & Moshinsky, M 2013, 'AMICUS APPLICATIONS IN THE HIGH COURT - OBSERVATIONS ON CONTEMPORARY PRACTICE', Gilbert + Tobin Constitutional Law Conference 2013, Not published, Sydney.
- Rubenstein, K & Field, J 2013, 'Conceptualising Australian Citizenship for Children: A Human Rights Perspective', Australian International Law Journal, vol. 20, pp. 77-93.
- Jessup, B & Rubenstein, K 2012, 'Introduction: using discourse theory to untangle public and international environmental law', in Brad Jessup and Kim Rubenstein (ed.), Environmental Discourses in Public and International Law, Cambridge University Press, Cambridge, UK, pp. 1-20.
- Chappell, L, Brennan, D & Rubenstein, K 2012, 'A Gender and Change Perspective on Intergovernmental Relations', in Paul Kildea, Andrew Lynch and George Williams (ed.), Tomorrow's Federation: Reforming Australian Government, The Federation Press, Sydney, Australia, pp. 228-245.
- Rubenstein, K 2011, 'From Suffrage to Citizenship: A Republic of Equals', LegalDate, vol. 23, no. 3, pp. 13-14.
- Rubenstein, K 2011, 'Book Review: Michael Kirby: Paradoxes and Principles by AJ Brown', Alternative Law Journal, vol. 36, no. 3, pp. 215-217.
- Kerwin, H & Rubenstein, K 2011, 'Reading the Life Narrative of Valerie French, the First Woman to Sign the Western Australian Bar Roll', in Fiona Davis, Nell Musgrove and Judith Smart (ed.), Founders, Firsts and Feminists, University of Melbourne, Melbourne, Victoria, pp. 172-187.
- Pogge, T, Rimmer, M & Rubenstein, K 2010, A Joint Submission by the Centre for International and Public Law and the Centre for Applied Philosophy and Public Ethics on IP Australia's Consultation Paper, Implementing the TRIPS Protocol.
- Rubenstein, K & Lenagh-Maguire, N 2011, 'Citizenship and the boundaries of the constitution', in Tom Ginsburg and Rosalind Dixon (ed.), Comparative Constitutional Law, Edward Elgar Publishing, Cheltenham, UK and Northampton, MA, USA, pp. 143-169.
- Greig, D, Rothwell, D, Rubenstein, K et al, eds, 2010, The Australian Year Book of International Law.
- Pogge, T, Rimmer, M & Rubenstein, K 2010, 'Introduction: Access to essential medicines: public health and international law', in Thomas Pogge, Matthew Rimmer, Kim Rubenstein (ed.), Incentives for Global Public Health: Patent law and access to essential medicines, Cambridge University Press, Cambridge, UK, pp. 1-32.
- Pogge, T, Rimmer, D & Rubenstein, K, eds, 2010, Incentives for Global Public Health: Patent law and access to essential medicines, Cambridge University Press, Cambridge, UK.
- Greig, D, Rothwell, D, Rubenstein, K et al, eds, 2009, The Australian Year Book of International Law.
- Farrall, J & Rubenstein, K, eds, 2009, Sanctions, Accountability and Governance in a Globalised World, Cambridge University Press, Cambridge, UK.
- Rubenstein, K & Farrall, J 2009, 'Filling or falling between the cracks? Law's potential', in Jeremy Farrall and Kim Rubenstein (ed.), Sanctions, Accountability and Governance in a Globalised World, Cambridge University Press, Cambridge, UK, pp. 1-23.
- Nolan, M & Rubenstein, K 2009, 'Citizenship and identity in diverse societies', Humanities Research, vol. XV, no. 1, pp. 29-44.
- Rubenstein, K & Lenagh-Maguire, N 2009, 'Citizenship Law', in Ian Freckelton and Hugh Selby (ed.), Appealing to the Future: Michael Kirby and His Legacy, Thomson Reuters, Pyrmont, Australia, pp. 105-130.
- Greig, D, Rothwell, D, Rubenstein, K et al, eds, 2008, The Australian Year Book of International Law.
- Rothwell, D & Rubenstein, K 2008, 'Introduction: Australia and International Law during the Howard Years', Australian Year Book of International Law, vol. 27, pp. 1-10.
- Rubenstein, K 2008, 'Nationality', in Peter Cane and Joanne Conaghan (ed.), The New Oxford Companion to Law, Oxford University Press, New York, USA, pp. 819-820pp.
- Rubenstein, K 2008, 'Naturalization', in Peter Cane and Joanne Conaghan (ed.), The New Oxford Companion to Law, Oxford University Press, New York, USA, pp. 824-825pp.
- Rubenstein, K 2008, 'From Supranational to Dual to Alien Citizen: Australia's Ambivalent Journey', in Simon Bronitt, Kim Rubenstein (ed.), Citizenship in a Post-National World Australia and Europe Compared, The Federation Press, Annandale, NSW, pp. 1-15.
- Bronitt, S & Rubenstein, K, eds, 2008, Citizenship in a Post-National World Australia and Europe Compared, The Federation Press, Annandale, NSW.
- Rubenstein, K 2008, 'Loyalty and Membership: Globalization and Its Impact on Citizenship, Multiculturalism, and the Australian Community', in Geoffrey Brahm Levey (ed.), Political Theory and Australian Multiculturalism, Berghahn Books, New York, pp. 171-187.
- Rubenstein, K 2007, ''From this time forward... I pledge my loyalty to Australia': loyalty, citizenship and constitutional law in Australia', in Victoria Mason (ed.), Loyalties, API Network, Perth, Western Australia, pp. 23-36.
- Rubenstein, K 2007, 'Advancing Citizenship: The Legal Armory and Its Limits', The Journals of Legal Scholarships. Theoretical Inquiries in Law, vol. 8, no. 2, p. 9999.
- Rubenstein, K 2007, 'Rethinking Nationality in International Law', in William J. Aceves, Charles A Hunnicutt and Chantal Thomas (ed.), Proceedings of the 101st Annual Meeting The American Society of International Law, American Society of International Law, Washington, pp. 99-102.
- Rubenstein, K 2007, 'Citizenship in an Age of Globalisation: The Cosmopolitan Citizen?', in Jianfu Chen, Gonzalo Villalta Puig & Gordon Walker (ed.), Rights Protection in the Age of Global Anti-Terrorism, The Federation Press, Sydney, pp. 88-111.
- Rubenstein, K 2007, 'Chair of the Citizenship Council', in Tim McCormack and Cheryl Saunders (ed.), Sir Ninian Stephen: A Tribute, Melbourne University Press (an imprint of Melbourne University Publishing), Carlton, pp. 80-97.
- Rubenstein, K 2006, 'Rethinking Nationality in International Humanitarian Law', in Ustinia Dolgopol and Judith Gardam (ed.), The Challenge of Conflict: International Law Responds, Koninklijke Brill, The Netherlands, pp. 89-104.
- Rubenstein, K 2006, 'Shifting Membership: Rethinking Nationality in International Humanitarian Law', in Ustinia Dolgopol and Judith Gardam (ed.), The Challenge of Conflict: International Law Responds, Koninklijke Brill, The Netherlands, p. 999.
- Greig, D, Mathew, P & Rubenstein, K, eds, 2007, Australian Year Book of International Law, Vol 26 (issued annually).
- Greig, D, Rothwell, D, Rubenstein, K et al, eds, 2006, The Australian Year Book of International Law.
- Rubenstein, K 2005, 'The Lottery of Citizenship: The Changing Significance of Birthplace, Territory and Residence to the Australian Membership Prize', Law in Context, vol. 22, no. 2, p. 999.
- Rubenstein, K 2004, 'Meanings of membership: Mary Gaudron's contributions to Australian citizenship', Public Law Review, vol. 15, no. 4, pp. 305-327.
- Rubenstein, K 2004, 'The influence of Chinese immigration on citizenship', in Sophie Couchman, John Fitzgerald and Paul Macgregor (ed.), After the Rush: Regulation, Participation and Chinese Communities in Australia 1860-1940, Otherland Literary Journal, Melbourne, pp. 21-34.
- Rubenstein, K 2003, 'An Unequal Membership: The Constitution's Score on Citizenship', in Laksiri Jayasuriya, David Walker and Jan Gothard (ed.), Legacies of White Australia: Race Culture and Nation, University of Western Australia Press, Crawley, Western Australia, p. 999.
- Rubenstein, K 2003, 'Globalisation and Citizenship and Nationality', in Catherine Dauvergne (ed.), Jurisprudence for an Interconnected Globe, Ashgate Publishing Ltd, United Kingdom, pp. 159-186.
- Rubenstein, K 2003, 'Review Essay, The Centrality of Migration to Citizenship', Citizenship Studies, vol. 7, no. 2, pp. 255-265.
- Rubenstein, K 2003, 'Can the Right to Vote be Taken Away? The Constitution, Citizenship and Voting Rights in 1902 and 2002', in John Chesterman and David Phillips (ed.), Selective Democracy: Race, Gender and the Australian Vote, circa (an imprint of Melbourne Publishing Group), Armadale, pp. 100-111.
- Rubenstein, K 2002, Australian Citizenship Law in Context, Lawbook Co., Sydney, Australia.
- Rubenstein, K 2002, 'Citizenship, Sovereignty and Migration: Australia's Exclusive Approach to Membership of the Community', Public Law Review, vol. 13, p. 102.
- Rubenstein, K 2001, 'Citizenship', in Blackshield (ed.), Oxford Companion to the High Court of Australia, Oxford University Press, Melbourne, Australia, pp. 99-101.
- Rubenstein, K 2001, 'Citizenship and the Republic Debate', in Glenn Patmore and Gary Jungwirth (ed.), The Big Makeover: A New Australian Constitution: Labor Essays 2002, Pluto Press, Annandale, NSW, pp. 187-195.
