Law Commons^™

A Secular Australia? Ideas, Politics And The Search For Moral Order In Nineteenth And Early Twentieth Century Australia, Gregory Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article argues that the relationship between the religious and the secular in Australia is complex and that there has been no simple transition from a religious society to a secular one. It argues that the emergence of apparently secular moral orders in the second half of the nineteenth century involved what Steven D. Smith has termed the 'smuggling in' of ideas and beliefs which are religious in nature. This can be seen clearly in the economic debates of the second half of the nineteenth century in Australia in which a Free Trade based on an optimistic natural theology battled …

'Medieval' Makes A Comeback In Modern Politics. What's Going On?, Clare Monagle, Louise D'Arcens

Faculty of Law, Humanities and the Arts - Papers (Archive)

According to Hansard, in the parliament of John Howard's first term of government the adjective "medieval" was used eight times. In the following term, however, it cropped up 46 times. What happened? Why did our members and senators suddenly need to describe things as medieval? What happened was 9/11. The spectacle of planes crashing into skyscrapers prompted myriad politicians, in Australia and elsewhere, to denounce the perpetrators as "medieval" What we have seen in recent weeks is medieval barbarism, perpetrated and spread with the most modern of technology. Abbott is not alone; it has become commonplace to describe Islamic State …

Cinema Of Actuality: Japanese Avant-Garde Filmmaking In The Season Of Image Politics By Yuriko Furuhata (Review), Michael Leggett

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Japanese word eizo is central to an understanding of the significance of the interventions made into the cultural life of the nation by a relatively small grouping of artists and writers working between the 1950s and 1970s. Traditionally used as a phenomenological term in science and philosophy, the character connoted shadow or silhouette, later shifting to signify optical processes. Like the Greek term tehkne, creativeness and the tools used to achieve the outcome are relative, nuanced and complex.

Picnics And Politics, Kate Bagnall

Faculty of Law, Humanities and the Arts - Papers (Archive)

IN FEBRUARY 1912 Chinese around Australia celebrated the founding of the new Chinese republic following the downfall of the Qing dynasty. In Perth, a chartered steamer flying the republican flag took a group of more than 300 on a river excursion to Applecross. In Townsville, a day of celebrations began with fireworks and flag-raising, followed by a picnic lunch and foot-races at Cluden. Adelaide’s Chinese drove out to the hills, where they lunched, competed in sports races and listened to tunes played by a Chinese string band. The streets of Melbourne’s Chinatown were festooned with flags and electric lights, and …

Symbolic Corporate Governance Politics, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

How are we to understand the persistent gap between rhetoric and reality that characterizes so much of corporate governance politics? In this Article, we show that the rhetoric around a variety of high profile corporate governance controversies (including shareholder proposals asking boards to redeem poison pills, proxy access, majority voting in director elections, and shareholder proposals to remove supermajority voting requirements) cannot be justified by the material interests at stake. At the same time, shareholder activists are oddly reluctant to pursue issues that may have a more material impact, such as anti-pill charter provisions or mandatory bylaw amendments. We consider …

Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.

All Faculty Scholarship

The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its …

Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang

All Faculty Scholarship

The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …

Healthy, Wealthy, And Wise: How Corporate Power Shaped The Affordable Care Act, Kevin Young, Michael Schwartz

History Department Faculty Publication Series

No abstract provided.

In The Name Of National Interest? Assessing The Shift Of Australian Foreign Policy Regarding West Papua During 2006, Jaymin Beck

Theses : Honours

The Australian government currently maintains a strong position against an independent West Papua. Despite claims of human rights abuses by the Indonesian Government in West Papua and the huge number of West Papuan refugees fleeing to Australian shores, the Australian Government continues to tighten foreign policy and migration laws to make it increasingly difficult for West Papuans to seek asylum in Australia and hope for an independent West Papua. When Australia’s humanitarian intervention in the Timor-Leste fight for independence in 1999 is considered, reasons why the Australian government maintains an anti-separatist position towards West Papua are unclear. Australia took a …

Medicaid Expansion As Completion Of The Great Society, Nicole Huberfeld, Jessica L. Roberts

Law Faculty Scholarly Articles

On the doorstep of its fiftieth anniversary, Medicaid at last could achieve the ambitious goals President Lyndon B. Johnson enunciated for the Great Society upon signing Medicare and Medicaid into law in 1965. Although the spotlight shone on Medicare at the time, Medicaid was the “sleeper program” that caught America’s neediest in its safety net—but only some of them. Medicaid’s exclusion of childless adults and other “undeserving poor” loaned an air of “otherness” to enrollees, contributing to its stigma and seeming political fragility. Now, Medicaid touches every American life. One in five Americans benefits from Medicaid’s healthcare coverage, and that …

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …

"Not Without Political Power": Gays And Lesbians, Equal Protection, And The Suspect Class Doctrine, Darren Hutchinson

Darren L Hutchinson

The Supreme Court purportedly utilizes the suspect class doctrine in order to balance institutional concerns with the protection of important constitutional rights. The Court, however, inconsistently applies this doctrine, and it has not precisely defined its contours. The political powerlessness factor is especially undertheorized and contradictorily applied. Nevertheless, this factor has become salient in recent equal protection cases brought by gay and lesbian plaintiffs.

A growing body of and federal and state-court precedent addresses the flaws of the Court’s suspect class doctrine. This Article discusses the inadequacies of the suspect class doctrine and highlights problems within the emerging scholarship and …

Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova

Zdravka Tzankova

Growing in presence and visibility, eco-labels and other forms of green certification are the more obvious signs of a broader social and policy phenomenon: the rise of private regulation and nonstate, market-based governance of environmental and resource practices. The growth of private regulatory initiatives, especially initiatives led by NGOs and other civil society actors, is increasingly accompanied by concerns over their potential to detract from public, government regulation.

This paper seeks to generate insights on the nature and consequences of interaction between more traditional forms of public, government regulation and the growing realm of market-based regulation by nonstate actors. It …

Religious Institutions, Liberal States, And The Political Architecture Of Overlapping Spheres, Mark Rosen

Mark D. Rosen

No abstract provided.

Healthy, Wealthy, And Wise: How Corporate Power Shaped The Affordable Care Act, Kevin A. Young, Michael Schwartz

Kevin Young

No abstract provided.

Danbury Hatters In Sweden: A U.S. Perspective On The Available Remedies And Sanctions For Employers Who Suffer Unfair Labor Practices By Labor Unions, César F. Rosado Marzán, Margot Nikitas

César F. Rosado Marzán

The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …

Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller

Roslyn Fuller

This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.

Decorating The Structure: The Art Of Making Human Law, Brian M. Mccall

Brian M McCall