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Articles 1 - 10 of 10
Full-Text Articles in Law
What Is A Genuine Industrial Dispute? Attorney General For The State Of Queensland And The State Of Victoria & Anor V Riordan & Ors; Ex Parte The Australian Liquor Hospitality And Miscellaneous Workers Union & Ors, Amanda Coulthard
Amanda Coulthard
Extract: There is a long standing doctrine that the service and rejection of a log of claims can generate an industrial dispute within the meaning of s 4(1) of the Industrial Relations Act 1988 (Cth). It is the scope of the qualification to this doctrine, namely that the demands in a log of claims be 'genuine', that is at the heart of this appeal. The appeal arises out of a finding made by Senior Deputy President Riordan of the Australian Industrial Relations Commission ('the Commission') that the service of a log of claims by the Australian Liquor, Hospitality and Miscellaneous …
Indian Country’S Borders: Territoriality, Immunity, And The Construction Of Tribal Sovereignty, Katherine Florey
Indian Country’S Borders: Territoriality, Immunity, And The Construction Of Tribal Sovereignty, Katherine Florey
Katherine J. Florey
This Article explores an anomaly in the Supreme Court’s Indian law jurisprudence that has been much remarked upon but never discussed at length. In the past few decades, the Supreme Court has sharply limited the regulatory powers of tribal governments and the jurisdiction of tribal courts over nonmembers, even when their conduct occurs on the reservation or on tribe-owned land. As a result, tribes lack the ability to exert sway over a great deal of conduct occurring within reservation borders. At the same time, however, the Court has left intact the sovereign immunity that tribes have traditionally enjoyed — an …
About Time: The Timeliness Of Habeas Corpus And An Exceptional Circumstance In Boumediene V. Bush, Benjamin Lozano
About Time: The Timeliness Of Habeas Corpus And An Exceptional Circumstance In Boumediene V. Bush, Benjamin Lozano
Benjamin J Lozano
In wartime states of emergency, the Supreme Court has historically held that a constitutional entitlement to habeas review is neither predicated on the length of detention nor the timeliness of due process, but rather is objective, concrete, and atemporal. The question of wartime habeas corpus has therefore always been an ontological question, exclusively determined by the corresponding categories of subject and space. However, this paper argues that a surreptitious shift in methodology buried inside the ostensible precedent of Boumediene v. Bush should not be overlooked, for the ruling signals the inaugural moment whereby the length and indefinite duration (i.e. the …
What Is Really Fair: Internet Sales And The Georgia Long-Arm Statute, Ryan T. Holte
What Is Really Fair: Internet Sales And The Georgia Long-Arm Statute, Ryan T. Holte
Prof. Ryan T. Holte
This article analyzes the current issue of online merchants being forced to defend themselves in foreign jurisdictions during litigation concerning online sales. Part I describes the history of personal jurisdiction from its nineteenth century concerns with territoriality to the twentieth century minimum contacts standard to other, more recent developments. Part II summarizes personal jurisdiction and minimum contacts as applied to the Internet generally and discusses whether Internet sales contain sufficient minimum contacts to satisfy the constitutional prerequisites for the exercise of personal jurisdiction over the seller. Part III analyzes the Georgia long-arm statute as it relates to jurisdiction over persons …
Noonan V. Staples: Libel Law’S Shocking New Precedent And What It Means For The Motion Picture Industry, Lindsee Gendron
Noonan V. Staples: Libel Law’S Shocking New Precedent And What It Means For The Motion Picture Industry, Lindsee Gendron
Lindsee Blair Gendron
No abstract provided.
In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson
In Defence Of The Doctrine Of Forum Non Conveniens, Dan Jerker B. Svantesson
Dan Svantesson
This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia, the US and Sweden, and considers the criticism that has been raised against the doctrine. The author argues that some of this criticism is valid, some of it is valid only in relation to some countries’ application of the doctrine, and some of the criticism is unfounded. The author concludes that the test applied in Hong Kong and most other common law jurisdictions - the clearly or distinctly more appropriate forum test - is the better option. The author goes on to make a number …
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan
Ulf Maunsbach
No abstract provided.
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
Noah B Novogrodsky
This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …
Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant
Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant
Michelle Gallant
This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …