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Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron Jan 2006

Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron

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The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class ...


Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen Jan 2006

Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen

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Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed ...


The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald Jan 2006

The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald

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The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory and practice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova ...


Privacy Goes To The Dogs, Steve Coughlan Jan 2006

Privacy Goes To The Dogs, Steve Coughlan

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It becomes increasingly clear, with the decision of the Newfoundland Court of Appeal in R. v. Taylor, ante, that the question of whether police use of sniffer dogs constitutes a search, and if so when, will need to be addressed by the Supreme Court of Canada. In particular the question of whether R. v. Tessling has changed the approach to reasonable expectation of privacy as dramatically as some courts have suggested must be settled. Other questions will also need to be addressed.


Emergency Contraception, Abortion And Evidence-Based Law, Rebecca Cook, Bernard Dickens, Joanna Erdman Jan 2006

Emergency Contraception, Abortion And Evidence-Based Law, Rebecca Cook, Bernard Dickens, Joanna Erdman

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Courts and legal tribunals increasingly decline to serve as religious or moral guardians, and require social evidence to support litigants' claims. Recent cases on emergency contraception and abortion are examined to show how judicial interpretations can take account of evidence of the impact that different understandings of the law will have for how ordinary people can plan their lives and reproductive choices. In an emergency contraception case, an interpretation was rejected that would have criminalized choices that millions of decent, law-abiding physicians, pharmacists and women routinely make. In an abortion case, three judges unanimously rejected a government ministry's defence ...


Common Law Police Powers And Exclusion Of Evidence: The Renaissance Of Good Faith, Steve Coughlan Jan 2006

Common Law Police Powers And Exclusion Of Evidence: The Renaissance Of Good Faith, Steve Coughlan

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Canadian courts have become far more willing in recent years to rely on the common law as a source of new police powers. Where once the test from R. v. Waterfield was an exception and an afterthought to what was otherwise the general rule of insistence upon statutory sources for police powers, more recently that test seems to be in the forefront of judges' minds as they decide cases. That 1963 British decision has been cited by Canadian courts roughly as often in the last eight years as in the first 35 years after it was decided. Since 1999 the ...