Law Commons^™

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.

Gendering Disability To Enable Disability Rights Law, Michelle Travis

Michelle A. Travis

Paper Dragon Thieves, J.S. Nelson

J.S. Nelson

Human Trafficking And Refugee Law, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.

Federal Antitrust Law : A Treatise On The Antitrust Laws Of The United States, Joseph P. Bauer, Earl W. Kintner., William P. Kratzke

Joseph P. Bauer

No abstract provided.

Law’S Religion: Religious Difference And The Claims Of Constitutionalism, Benjamin Berger

Benjamin L. Berger

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a …

Freedom Of Expression And Location: Are There Constitutional Dead Zones?, Brian Slattery

Brian Slattery

Do reporters have the right to conduct interviews in courthouse hallways? May political activists hand out leaflets in shopping centres? Are journalists entitled to attend disciplinary hearings in the chambers of the law society? Do advertisers have the right to place ads on public buses? These questions have one thing in common: they all concern the exercise of freedom of expression in certain locations — courthouses, shopping centres, private offices, buses. But do all locations without exception benefit from the guarantee of freedom of expression in section 2(b) of the Canadian Charter of Rights and Freedoms, or do some fall …

The Bank Manager Always Rings Twice: Stereotyping In Equity After Garcia, Richard Haigh

Richard Haigh

No abstract provided.

An Interdisciplinary Approach In Identifying The Legitimate Regulator Of Anti-Doping In Sport: The Case Of The Australian Football League, Lisa Gowthorp, Annette Greenhow, Danny O'Brien

Lisa Gowthorp

The regulation of anti-doping practices in Australian sport is overseen by the Australian Sports Anti-Doping Authority (ASADA), which is a statutory authority funded by the Australian Commonwealth Government (ACG). The 2013 ASADA investigation into the Essendon Football Club (EFC) uncovered the alleged use of performance and image enhancing drugs by a number of players and support personnel. However, despite the call for sanctions to be placed on those taking banned substances, ASADA itself became the central focus of enquiry with the EFC questioning the legitimacy of ASADA's authority in their management of the investigation. Using content analysis and Bourdieu's conceptual …

Fifth Annual National Benefits & Social Insurance Conference, Natalya Shnitser

Natalya Shnitser

No abstract provided.

Who’S Afraid Of Katniss Everdeen?: How Fictional Female Characters Inspire New Visions Of Substantive Gender Equality, Susan Brody, Kim Chanbonpin

Susan L. Brody

No abstract provided.

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

False factual information has no First Amendment value, and yet the United States Supreme Court has accorded lies a measure of First Amendment protection. The First Amendment imposes something in the nature of a presumption against government interference in public discourse. This presumption is rooted in suspicion of the State's ability to distinguish facts from falsehoods as well as its motives for doing so. However, the presumption against regulation of false speech is not absolute. It can be overcome when verifiably false speech poses a direct threat of harm to individual interests. Unlike other countries, the United States has never …

Tweeting A Greek Tragedy, Rohan Price

Rohan Price

University students believe themselves to be Sisyphus. Condemned by the gods to roll a boulder up a hill, a second-year arts/law undergraduate despairs – after all their effort – to see it to roll down soon after reaching the summit.

The Macritchie Case, Rohan Be Price

Rohan Price

A case before the European Court of Human Rights has raised the prospect that the British government could be found liable for not giving adequate warnings so as to prevent its employees from inhaling asbestos dust and that this failure infringed their right to life under European law.

The Need For Regulatory Response To Diagnosis Fraud In Mesothelioma Cases, Rohan Be Price

Rohan Price

Australian courts and tribunals allow claimants with pleural plaques to “piggy back” compensation claims for mental health problems. This article contends that Australia is open to an era of diagnosis fraud by psychologists similar to that which has been experienced in the United States with radiologists. The courts will continue to reflect Australia’s “compensation culture” unless legislation squarely addresses the compensability of pleural plaques and clarifies when, if at all, the courts should allow mental health claims for asymptomatic “marker” conditions such as pleural plaques.

Making Japan Pay For Its East Asian Occupations (1941-1945): A New Modality For International Law?, Rohan Price

Rohan Price

Although they were never confirmed conquerors, the total waiver for loss and damage caused by the Japanese in the Pacific war under Article 14(b) of the Treaty of San Francisco conferred a blanket sovereign immunity on them in the jurisdictions they invaded including the Philippines, Malaya, Singapore and Hong Kong. As occupiers under the Convention (IV) respecting the Laws and Customs of War (the Hague Regulations) the evaluation of Japanese state practice and liability to pay compensation arising from misuse of civilian-owned private property rests entirely on the validity of Article 14(b). This paper takes the prospects of the Hong …

How Good Is The New Competition Law?, Rohan Be Price

Rohan Price

No abstract provided.

Do You Want A Rise With That?, Rohan Price

Rohan Price

No abstract provided.

Air Pollution In Hong Kong: The Failure Of Judicial Review And The Slight Promise Of Recent Cases, John Kong Shan Ho, Rohan Price

Rohan Price

No abstract provided.

Zasbestosis And Fear Of Cancer In The United States: What Are The Lessons?, Rohan Price

Rohan Price

Australian courts and tribunals are beset by cases relating to the compensability of mental harm in the contexts of Post-Traumatic Stress Disorder (PTSD) and/or Generalized Anxiety Disorder (GAD) which is alleged by applicants to be war- or service-caused for the purposes of Commonwealth military pensions. Such an applicant must satisfy, among other things, a requirement that the anxiety or other mental condition that he/she experiences is not idiosyncratic and personal but service-related and is a diagnosed mental illness described in the Statements of Principle (SoP) issued by the Repatriation Medical Authority. This article argues that the tradition of skepticism and …

Chinese Immigration Law And Policy: A Case Of ‘Change Your Direction, Or End Up Where You Are Heading’?, Guobin Zhu, Rohan Be Price

Rohan Price

Lao Tzu’s famous call for reform in the title of this paper is a useful metaphor for the need to address the outdated settings which constitute much of China’s policy toward resident foreigners. This is because unless there is improvement in the laws then there will be more social and economic exclusion of migrant populations in a time when cohesion is politically paramount. Formalizing the position of resident foreigners presents a unique economic opportunity for China to harness such people with an assimilationist policy which increases the nation’s revenue base and enlarges the polity’s conception of what it is to …

Xa Lecture On The Art Of Lecturing: A How To Guide To Teaching Young People, Rohan Price

Rohan Price

No abstract provided.

Public Forum 2.0, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

Social media have the potential to revolutionize discourse between American citizens and their governments. At present, however, the U.S. Supreme Court's public forum jurisprudence frustrates rather than fosters that potential. This article navigates the notoriously complex body of public forum doctrine to provide guidance for those who must develop or administer government-sponsored social media or adjudicate First Amendment questions concerning them. Next, the article marks out a new path for public forum doctrine that will allow it to realize the potential of Web 2.0 technologies to enhance democratic discourse between the governors and the governed. Along the way, this article …

What Did He Just Say? Did She Really Just Say That?: Vignettes Of Racism In Claudia Rankine’S Citizen: An American Lyric, Susan Ayres

Susan Ayres

No abstract provided.

Notable Employee Benefits Articles Of 2015, 151 Tax Notes 225 (2016), Kathryn J. Kennedy, Melissa Travis

Kathryn J. Kennedy

Enabling Lifelong Learning For Law Students: In Class, Out Of Class, After Class, Kylie Fletcher, Louise Parsons

Kylie Fletcher

There is little doubt that, to ensure success both at law school and after law school, students must develop and practice both generic and law-specific study skills and engage in independent learning. Students come to law school from different educational backgrounds and experiences. Although some have well developed study skills before commencing their legal studies, many lack a clear understanding of what is involved in independent learning. Early semester law students in particular lack these basic skills, and some do not have access to the same learning support opportunities as their peers. Some important questions arise. First, should law schools …

The First-Semester Student: The Legal-Problem-Solving Apprentice, Kylie Fletcher

Kylie Fletcher

Students are asked to answer hypothetical legal problems very early in their studies. They are typically introduced to legal-problem-solving processes (eg IRAC, FILAC, MIRAT and CLEO) very early in their first- semester subjects. An ability to answer hypothetical legal problems is critical to the student’s success at law school. In my role as a teacher in a firstsemester subject (Principles of Contractual Liability), I observe that some students remain confused about the process that they adopt to answer hypothetical legal problems well into their first semester. Further, many students fail to understand that the process they adopt can be applied …

Does Law Have A Heart? A Comparison Of Australian And Japanese Law In Post-Disaster Recovery, Leon Wolff, Kylie Fletcher

Kylie Fletcher

Less than a year has passed since floods placed 70% of the state of Queensland under water and the triple disaster of earthquake, tsunami and nuclear fallout devastated north-eastern Japan. This paper compares how Australia and Japan have invoked law in response to their separate disasters. Typically, in large-scale tragedies, law is invoked to allocate blame, determine entitlement and amount of compensation and regulate future conduct. Unsurprisingly, this formed a significant element of the Australian and Japanese legal responses. However, this paper looks at the deeper – and less well-understood – therapeutic role of law in community healing, drawing on …

Claudia Rankine And The Poetry Of Protest, Susan Ayres

Susan Ayres

No abstract provided.

The Chinese Anti-Monopoly Law: New Developments And Empirical Evidence, Michael Faure, Xinzhu Zhang, Susan Farmer

Susan Beth Farmer

Beth Farmer contributed the following chapter: "Competition Policy in China: Trends in Private Civil Litigation"

Effective enforcement of competition laws and regulations benefits society, consumers and market participants, and promotes a competition culture. Private civil actions can contribute to healthy economic development (AML Article 1), consumer welfare, and economic efficiency and more complete and effective enforcement of competition law. This chapter discusses developments in private civil actions under the Chinese AML in the context of recent Provisions of the Supreme People’s Court, national development goals, and the experience of four years of active civil litigation. A spokesperson of the Intellectual …