Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (3)
- International Law (3)
- Human Rights Law (2)
- Immigration Law (2)
- Arts and Humanities (1)
-
- Civic and Community Engagement (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Communications Law (1)
- Constitutional Law (1)
- Courts (1)
- Criminal Law (1)
- Gender and Sexuality (1)
- Inequality and Stratification (1)
- International and Area Studies (1)
- Law and Psychology (1)
- Politics and Social Change (1)
- Social Control, Law, Crime, and Deviance (1)
- Social and Behavioral Sciences (1)
- Sociology (1)
- Work, Economy and Organizations (1)
- Institution
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Law
Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper
Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper
Dignity: A Journal of Analysis of Exploitation and Violence
This report is an account of the legal battle between Australian grassroots campaigning movement Collective Shout and Sexpo, the annual sex industry exhibition. Sexpo brought a lawsuit against Collective Shout after their campaign against Sexpo’s promotion of live-streamed porn shows on public buses servicing school routes. In April 2018, Sexpo’s application was dismissed, with Sexpo ordered to pay Collective Shout’s legal costs.
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam
San Diego International Law Journal
The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and …
Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of Extended Joint Enterprise, Victoria Bo Wang
Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of Extended Joint Enterprise, Victoria Bo Wang
Concordia Law Review
This Article argues that the decision in Miller v The Queen [2016] HCA 30 is supported neither by common law precedent in Australia nor the historical English precedents that informed the development of Australia’s common law doctrines. It is submitted that the majority judgment misquoted old English authorities to try to equate foresight with intention and argues that the High Court of Australia engaged in judicial activism, because its decision rested predominantly on the policy views of the judges. Moreover, it is argued that the case highlighted the urgent need for law reform in Australia. The Article puts forward a …
An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters
Georgia Journal of International & Comparative Law
No abstract provided.
Religious Liberty In Australia: Some Suggestions And Proposals For Reframing Traditional Categorisations, Iain T. Benson
Religious Liberty In Australia: Some Suggestions And Proposals For Reframing Traditional Categorisations, Iain T. Benson
Law Papers and Journal Articles
No abstract is available for this article.
Christianity And The Law: Trial Separation Or Acrimonious Divorce?, Michael Quinlan
Christianity And The Law: Trial Separation Or Acrimonious Divorce?, Michael Quinlan
Law Papers and Journal Articles
This article considers the relationship between Christianity and the law in Australia beginning with the arrival of the First Fleet and the declaration of the Swan River Colony. It examines in some detail the influence of the Western legal tradition and of Christianity on the jurisprudence relating to one elemental aspect of Western society: marriage. It considers the make-up of contemporary Australia, contemporary attitudes to religion and the relationship between law and religion in Australia. The article concludes that the once close relationship between law and religion may be better described today not as a trial separation but as an …
Constitutionality Of Communication Prohibitions Around Abortion Clinics, Greg Walsh
Constitutionality Of Communication Prohibitions Around Abortion Clinics, Greg Walsh
Law Papers and Journal Articles
Laws prohibiting a range of conduct in the vicinity of a hospital, clinic or other premise that performs abortions have been enacted in Tasmania, Victoria, the Australian Capital Territory and the Northern Territory. One of the prohibitions involves preventing certain types of communication around premises that perform abortion. It is unclear whether this prohibition is consistent with the implied freedom of political communication. A central consideration in determining whether the prohibition is compatible with the implied freedom is the extent of the burden imposed on political communication. The prohibition may be unconstitutional as it places a substantial burden on political …
An Overview Of Psychology And Law And Forensic Psychology In Australia, Alfred Allan, Anthony D. Cole, Donald M. Thomson, Cate L. Parry
An Overview Of Psychology And Law And Forensic Psychology In Australia, Alfred Allan, Anthony D. Cole, Donald M. Thomson, Cate L. Parry
Research outputs 2014 to 2021
Psychology’s roots in Australia go back to 1881, but the first documented evidence of psychology-and-law (psycholegal) research and psychologists working in court and correctional settings only emerged in 1949. The activities of psycholegal researchers and psychologists providing services to the correction, investigative and justice systems are not well-documented. Our aim in this paper is to start recording the histories of these people and the development of the psycholegal and forensic psychology fields. We do this primarily by examining publications and conference papers and recording our and other people’s personal recollections. We specifically record psychologists’ interaction with lawyers, their concerns about …
Using Strategic Culture To Understand Participation In Expeditionary Operations: Australia, Poland, And The Coalition Against The Islamic State, Fredrik Doeser, Joakim Eidenfalk
Using Strategic Culture To Understand Participation In Expeditionary Operations: Australia, Poland, And The Coalition Against The Islamic State, Fredrik Doeser, Joakim Eidenfalk
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article investigates how strategic culture influenced the decision-making of Australia and Poland regarding the global coalition against the Islamic State. In the coalition, Australia has followed its tradition of active participation in United States-led operations, while Poland has embarked on a more cautious line, thereby breaking with its previous policy of active participation. The article examines how Australian and Polish responses to the coalition were shaped by five cultural elements: dominant threat perception, core task of the armed forces, strategic partners, experiences of participating in coalitions of the willing, and approach to the international legality of expeditionary operations. It …
Comparative Approaches To Constitutional History, Jamal Greene, Yvonne Tew
Comparative Approaches To Constitutional History, Jamal Greene, Yvonne Tew
Faculty Scholarship
An historical approach to constitutional interpretation draws upon original intentions or understandings of the meaning or application of a constitutional provision. Comparing the ways in which courts in different jurisdictions use history is a complex exercise. In recent years, academic and judicial discussion of “originalism” has obscured both the global prevalence of resorting to historical materials as an interpretive resource and the impressive diversity of approaches courts may take to deploying those materials. This chapter seeks, in Section B, to develop a basic taxonomy of historical approaches. Section C explores in greater depth the practices of eight jurisdictions with constitutional …