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Full-Text Articles in Law
Banning Churches From Meeting In New York Public Schools, Neil J. Foster
Banning Churches From Meeting In New York Public Schools, Neil J. Foster
Neil J Foster
Discusses and critiques a recent US court decision upholding the banning of a church meeting in a public school on the weekend.
Freedom Of Religion In Practice: Exemptions Under Antidiscrimination Laws On The Basis Of Religion., Neil J. Foster
Freedom Of Religion In Practice: Exemptions Under Antidiscrimination Laws On The Basis Of Religion., Neil J. Foster
Neil J Foster
Recognition of “human rights” often involves the need to balance one set of rights against another. While anti‐discrimination laws generally are designed to outlaw decision‐making on irrelevant grounds, recognition of “freedom of religion” (a clear human right acknowledged in the international covenants on the area) requires acknowledging that decision‐making in many areas on religious grounds is not irrelevant, and hence requires careful crafting of appropriate exemptions to otherwise blanket prohibitions against discrimination. But in many ways there has been a subtle shift in recent decades away from a fully‐orbed recognition of human rights, towards an absolutist prohibition of discrimination alone. …
Freedom Of Religion In Practice: Exemptions Under Anti-Discrimination Laws On The Basis Of Religion, Neil J. Foster
Freedom Of Religion In Practice: Exemptions Under Anti-Discrimination Laws On The Basis Of Religion, Neil J. Foster
Neil J Foster
Recognition of “human rights” often involves the need to balance one set of rights against another. While anti‐discrimination laws generally are designed to outlaw decision‐making on irrelevant grounds, recognition of “freedom of religion” (a clear human right acknowledged in the international covenants on the area) requires acknowledging that decision‐making in many areas on religious grounds is not irrelevant, and hence requires careful crafting of appropriate exemptions to otherwise blanket prohibitions against discrimination. But in many ways there has been a subtle shift in recent decades away from a fully‐orbed recognition of human rights, towards an absolutist prohibition of discrimination alone. …
Occupational Health And Safety Prosecutions: John Holland Pty Ltd V Industrial Court Of Nsw, Neil J. Foster
Occupational Health And Safety Prosecutions: John Holland Pty Ltd V Industrial Court Of Nsw, Neil J. Foster
Neil J Foster
This note considers the decision of the NSWCA in John Holland Pty Ltd v Industrial Court of NSW, and the ongoing impact of the Kirk decision on OHS prosecutions in NSW.
Opposing Same-Sex Marriage Is Not Discrimination, Neil J. Foster
Opposing Same-Sex Marriage Is Not Discrimination, Neil J. Foster
Neil J Foster
This paper argues that is not "discriminatory" to oppose the legalisation of same-sex marriage.
The Merits Of The Civil Action For Breach Of Statutory Duty, Neil J. Foster
The Merits Of The Civil Action For Breach Of Statutory Duty, Neil J. Foster
Neil J Foster
The tort action for Breach of Statutory Duty provides an intersection between the goals of private law and ‘public’ goals as determined by legislation. But the question as to when, in what circumstances, and why, a civil action should be available to a claimant whose statutory rights have been breached, continues to be agitated. This article argues that the tort, far from deserving the accusations of incoherence and unpredictability sometimes levelled at it in the common law world, has a respectable and coherent history and justification within the common law of torts. There are reasons for doubting whether it should …