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Articles 1 - 11 of 11
Full-Text Articles in Law
Do The Safeguards In The Victorian Assisted-Dying Legislation Adequately Account For The Experiences Of Other Nations?, Heath Harley-Bellemore
Do The Safeguards In The Victorian Assisted-Dying Legislation Adequately Account For The Experiences Of Other Nations?, Heath Harley-Bellemore
Theses
In 2017 the Victorian State Parliament passed the Voluntary Assisted Dying Act 2017, making it the first Australian jurisdiction since 1996 to pass assisted dying legislation. The Victorian model was hailed by the Government of Victoria as the ‘safest and most conservative in the world’, and had the benefit of drawing on over 20 years of voluntary assisted dying experiences of other jurisdictions for its development. This thesis examines the experiences of other jurisdictions and how they informed the development of the Victorian model. It examines available data, reports, and criticisms of international experiences and applies them to the Victorian …
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 …
Mental Injury And Reasonable Administrative Action Green And Comcare -- Case Note, Philip Evans
Mental Injury And Reasonable Administrative Action Green And Comcare -- Case Note, Philip Evans
The University of Notre Dame Australia Law Review
No abstract provided.
Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc
Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc
The University of Notre Dame Australia Law Review
No abstract provided.
Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy
The University of Notre Dame Australia Law Review
No abstract provided.
Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul
Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul
The University of Notre Dame Australia Law Review
No abstract provided.
Book Review - Promoting Law Student And Lawyer Well-Being In Australia And Beyond, Magdalene D'Sliva
Book Review - Promoting Law Student And Lawyer Well-Being In Australia And Beyond, Magdalene D'Sliva
The University of Notre Dame Australia Law Review
No abstract provided.
‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell
‘All About That Bass’ And Photoshopping A Model’S Waist: Introducing Body Image Law, Marilyn Bromberg, Cindy Halliwell
The University of Notre Dame Australia Law Review
When women see images of extremely thin women, their body image may suffer as a result. Their poor body image can develop into an eating disorder. A handful of governments took action to try to stop models who have BMIs below a specific number from working and/or require a warning on photoshopped images (that modify models to make them appear thinner). The Authors of this article (“Authors”) created a term to apply to this newly developing area of law: Body Image Law. The Authors argue that there are some areas in which the actions that governments took in Body Image …
Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan
Marriage, Tradition, Multiculturalism And The Accommodation Of Difference In Australia, Michael Quinlan
The University of Notre Dame Australia Law Review
This paper examines marriage in multicultural and multi-faith Australia. It considers the history of, and reasons for, State recognition of marriage in Australia between one man and one woman entered into voluntarily for life. It argues that the tradition in Australia since European settlement has been for the State to only recognize this traditional form of marriage as marriage. The paper considers the meaning of equality and discrimination and argues that for those concepts to have meaning in the context of marriage it is first necessary to have a clear understanding of why the State does and should continue to …
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
The University of Notre Dame Australia Law Review
This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …