Law Commons^™

Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag

Sean Rehaag

This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …

Detection Of Mycobacterium Ulcerans In The Environment Predicts Prevalence Of Buruli Ulcer In Benin, Heather R. Williamson, Mark Eric Benbow, Lindsay P. Cambell, Christian R. Johnson, Ghislain Sopoh, Yves Barogui, Richard W. Merritt, Pamela L. C. Small

Christian A. Johnson

Background: Mycobacterium ulcerans is the causative agent of Buruli ulcer (BU), a destructive skin disease found predominantly in sub-Saharan Africa and south-eastern Australia. The precise mode(s) of transmission and environmental reservoir(s) remain unknown, but several studies have explored the role of aquatic invertebrate species. The purpose of this study was to investigate the environmental distribution of M. ulcerans in south-eastern Australia.

Australia – Two Political Narratives And One Charity Regulator Caught In The Middle, Myles Mcgregor-Lowndes

Chicago-Kent Law Review

After two decades of debate about the regulation of the nonprofit sector, Australia established a national charity regulator in December 2012. The creation of the Australian Charities and Not-for-profits Commission (“ACNC”) had as one of its objectives to reduce red tape, and to increase clarity by enacting a statutory definition of charity. Less than two years later, a new government proposed to abolish the ACNC, also in the name of reducing red tape. There appears to be a paradox—or at least diametrically opposed views about red tape reduction and how it can be achieved. With the government nearly two-thirds through …

Juror Bias, Voir Dire, And The Judge-Jury Relationship, Nancy S. Marder

Chicago-Kent Law Review

In the United States, voir dire is viewed as essential to selecting an impartial jury. Judges, lawyers, and the public fervently believe that a fair trial depends on distinguishing between prospective jurors who are impartial and those who are not. However, in England, Australia, and Canada, there are impartial jury trials without voir dire. This article challenges the assumption that prospective jurors enter the courtroom as either impartial or partial and that voir dire will reveal the impartial ones. Though voir dire fails as an “impartiality detector,” this article explores how voir dire contributes to the trial process in two …

Native Title In Australia And South Africa: A Search For Something That Lasts, Justin Hunter

University of Miami International and Comparative Law Review

No abstract provided.

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

Anne Wallace Professor

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.

Judicial Workload: Time, Tasks And Work Organisation, Kathy Mack, Anne Wallace, Sharyn Roach Anleu

Anne Wallace Professor

[No abstract available]

Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace

Anne Wallace Professor

The widespread and pervasive use of social media in Australian society is increasing pressure on courts and tribunals to develop social media policies.

Creating A Self-Stabilizing Constitution: The Role Of The Takings Clause, Tonja Jacobi, Sonia Mittal, Barry R. Weingast

Northwestern University Law Review

The U.S. Constitution has survived for over two centuries, despite the Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizing constitution creates incentives for all relevant actors to abide by the rules. Drawing on earlier work, we argue that, to be self- stabilizing, a constitution must (1) lower stakes in politics for both ordinary citizens and powerful elite groups; (2) create focal points that facilitate citizen coordination against transgressions by government officials; and (3) enable …

Legal Duties As Part Of The Governance Framework For Incorporated Associations: A Comparative Analysis, Kim Weinert

Kim Weinert

Incorporated associations are founded by, and subsequently operate exclusively on, the collective action of individuals, which is largely voluntary and motivated by altruistic goals. This article will examine through doctrinal analysis the statutory duties and common law obligations of an incorporated association. In examining these specific legal duties, this article will reveal the lack of consistency across Australian jurisdictions, and gaps in how the law regulates the conduct of committee members within an incorporated association. Furthermore, this article will consider whether an officer of an incorporated and unincorporated association is a fiduciary — and, if this is so, whether this …

Yours, Mine, And Ours: The Development, Management And Protection Of Intellectual Property In Third-Sector Enterprise, Elizabeth Spencer, Francina Cantatore

Francina Cantatore

Effective intellectual property (IP) management is an important aspect of good governance. There has been little research on IP management in the third sector and the challenges faced by these enterprises in developing, managing and protecting IP. This article explores the landscape of IP in third-sector enterprise. It outlines the challenges in developing and managing IP. and the reasons why IP may be under-managed. From a theoretical perspective this article will contribute to the literature available in this field and provide a foundation for further research. Debate about IP taw is polarised, but it is hoped that "a balanced approach …

Australia And Maritime Security In The Northeast Indian Ocean, Chris Rahman

Chris Rahman

Maritime security is vital to Australia and its neighbours in the ASEANAustralia- India "triangle" - or the area of the northeast Indian Ocean. It has become a leading sphere for the construction of deeper forms of security cooperation. Nonetheless, both the "region" in question and the topic of maritime security itself are underdeveloped ideas in the context of rapidly developing relationships. Therefore, the approach pursued in this chapter focuses on four themes. First, the maritime nature of the area's geography is established. Second, different perspectives on maritime security are introduced, with an emphasis on non-traditional factors, including responses to the …

Protecting Australia's Maritime Borders: The Mv Tampa And Beyond, Ben M. Tsamenyi, Christopher Rahman

Chris Rahman

The protection of Australia's maritime borders and sovereign interests at sea has, in recent times, increasingly become a leading national security issue. The arrangements for surveillance and enforcement in Australia's maritime zones have seemingly been in almost constant review in what has become a highly politicised issue. Furthermore, the increased incidence of seaborne illegal migration attempts in late 2001, together with the events of 11 September of that year has focused public, as well as official, attention upon all aspects of what has come to be known as "homeland security." Homeland security is a complex issue, and the problems associated …

The U.S. Strategic Relationship With Australia, Jack Mccaffrie, Christopher Rahman

Chris Rahman

Australia has hosted U.S. bases or troops for most of rhe last seventy years, beginning in the early part of the Second World War in the Pacific. Ironically, the arrival of American troops in Australia was at least partly the result of the failure of the "Singapore strategy," whereby the Royal Navy's Singapore naval base was to support any British fleet sent to the Far East in the event of a war with Japan. Seventy years on, Australia still hosts U.S. defense facilities and U.S. forces continue to visit-primarily now for exercises. Map 4 depicts major facilities utilized at present.

Equity Crowdfunding: All Regulated But Not Equal, Garry A. Gabison

Garry A. Gabison

This paper describes how different countries have approached equity crowdfunding. This paper focuses on countries or regulatory authorities that either expressed their awareness of the phenomenon but decided to adopt a holding pattern (monitoring and investigating) or that decided to adopt new laws and regulations. Countries like Australia have opted to reaffirm how their current set of regulations applies to crowdfunding whereas others like the United States, Italy, the United Kingdom, and France have elected to create new exemptions in an effort to facilitate equity crowdfunding. This paper compares how each country decided to regulate the different participants in the …

Canada And Australia Share A Political Culture Of Conflict, Gregory C. Melleuish

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

In a recent book, political scientist Tom Flanagan argues that the years of minority government in Canada between 2004 and 2011 had a corrosive effect on Canadian politics and political culture. He comments:

After so many years of continuous campaigning, federal politicans are like child soldiers in a war-torn African country; all they know how to do is fire their AK-47s.

This statement, and many other things that Flanagan describes as features of Canadian politics – including increased centralisation of decision-making in the party and the need to be in constant campaign mode – could also be considered to be …

Retroactivity In The 1970 Unesco Convention: Cases Of The United States And Australia, Katarzyna Januszkiewicz

Brooklyn Journal of International Law

As the current trend of returning looted artifacts to their countries of origin continues to grow, the need for stricter law enforcement and a reevaluation of the 1970 UNESCO Convention and its application has become apparent. Recently, museums and national governments worldwide have engaged in a repatriation dialogue through mutual cooperation with foreign institutions, rather than international litigation, which is both a long and expensive process. This is a result of both a shifting public opinion towards museums, and the growing awareness of the countries of origin regarding the value of their looted cultural heritage. Looted artifacts continue to flood …

A Just And Sustainable Solution To The Boat People Predicament In Australia?, Laura Rose W. Donegan

Honors Theses and Capstones

Since the year 2000, there have been close to two thousand deaths of asylum seekers at sea as a result of foiled attempts to travel to Australia in order to seek protection under the United Nations Convention and Protocol on the Status of Refugees.[1] Many thousands more have made it to shore. Growing numbers of irregular or unauthorized migrants attempting to reach the United States and the European Union has long been known as a contentious policy issue in these states, but perhaps less known is the situation on the other side of the Pacific. Australia is the eight-largest …

Australia's Constitution Works Because It Doesn't Define National Identity, Gregory C. Melleuish

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

When Australia’s Founding Fathers came together in the 1890s to draw up a constitution to enable the colonies to federate, what did they think they were doing? Looking at the debates and the Constitution itself, one thing is certain. They were not drawing up a document that defined what it means to be an Australian.

They were engaged in creating a document that would be acceptable to all parties and enshrined the political and legal principles which they had inherited from Great Britain. They looked to their British inheritance because they believed, quite correctly, that the (unwritten) British Constitution worked. …

Enduring Civilisation, Entangled Histories: Indigenous Australia: Enduring Civilisation At The British Museum, Ian A. Mclean

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

With about 6200 artefacts, as well as photos and archival materials in its Australian collection, the British Museum (BM) is a rich mine for stories about Australia. However, while most of this collection can these days be seen online, it has featured little in the Museum’s headline stories of Mediterranean and Middle Eastern civilisations or been able to compete with its African galleries.

Early Chinese Newspapers In Australia: Trove Presents A New Perspective On Australian History, Kate Bagnall

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

Most Australian historians will tell you that there was a “before Trove” and an “after Trove”. Being able to search and access digitised copies of hundreds of Australian newspapers, from major city dailies to small country papers, has changed the way we work and the sorts of histories we are able to write.

The Front Comes Home: Returned Soldiers And Psychological Trauma In Australia During And After The First World War, Jennifer M. Roberts

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

No abstract provided.

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

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

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4). This column analyses that case, particularly in relation to the ACAT finding that the practitioner's professional misconduct was substantially contributed to by an unsafe system of care, specifically, the failure of Primary Health Care to provide supervision and mentoring for clinicians working at its medical centres. The case …

Salvador Torrents And The Birth Of Crónica Writing In Australia, Catherine H. Seaton

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

In Salvador Torrents's 1928 newspaper crónica 'Un Sueño' ('A Dream'),2 the author describes returning home from an arduous day working in the sugar cane fields of Far North Queensland, ready to welcome the sleep that awaits him.With sleep comes a dream, in which Torrents finds himself in an unnamed capital city in Europe, in the company of a large crowd of onlookers, watching handcuffed prisoners being paraded by police. He asks of a finely dressed gentleman: 'What crime have these men committed?' The reply is that these men are political prisoners, who have meddled in matters that do not concern …

The Impact Of Section 18c And Other Civil Anti-Vilification Laws In Australia, Luke J. Mcnamara, Katharine Gelber

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

This paper reports on the findings of a large scale study of the impact of anti-vilification (or ‘hate speech’) laws,1 on public discourse in Australia over more than two decades.2 Its scope includes, but is not limited to s 18C of the Racial Discrimination Act 1975 (Cth). We investigated the ways in which legislation might have affected public discourse over time. Our task was methodologically challenging, for connecting changes in public discourse to the introduction or enforcement of hate speech laws is fraught with difficulty. We triangulated data from a range of primary and secondary sources, to investigate the relationship …

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

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

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4).

Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney

Faculty Scholarship

This essay uses the Australian proactive approach to regulating attorneys as a springboard to discussing the role of proactive regulation of lawyers in advancing public protection. The essay provides information on the genesis and implementation of “proactive management-based regulation, the system in Australia. The essay reviews key research findings from empirical studies on the impact of the new system on complaints registered against lawyers and the conduct of lawyers in firms. The essay suggests possibilities for using management-based principles to improve lawyer regulation and conduct in the United States and other jurisdictions. The author concludes with a challenge for regulators …

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …