Law Commons^™

Down The Rabbit Hole: Applying A Right To Be Forgotten To Personal Images Uploaded On Social Networks, Eugenia Georgiades

Fordham Intellectual Property, Media and Entertainment Law Journal

The right to be forgotten has been the subject of extensive scrutiny in the broad context of data protection. However, little consideration has been given to the misuse of personal images that are uploaded on social networks. Given the prevalent use of online and digital spaces, social networks process and use various forms of data, including personal images that are uploaded by individuals. The potential for misuse of images is particularly acute when users upload images of third parties. In light of the European Union’s enshrinement of the “right to be forgotten” amid provisions of the General Data Protection Regulation …

Australia's Lessons, Rhys Crawley

The US Army War College Quarterly: Parameters

This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.

Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory

UC Irvine Journal of International, Transnational, and Comparative Law

To date, “transnational criminal law” has been the dominant

paradigm for explaining and mapping rules on corruption in the

international legal literature. Transnational criminal law is presented as a

system of law descending from multilateral crime control treaties or a field or

order that emerges through international political processes of regime

formation. Transnational criminal lawyers identify and describe cross-border

legal rules, and seek to evaluate them against liberal norms of democratic

governance and individual civil and political human rights. This Article

details the limits of transnational criminal conceptions of “anticorruption”

through a study of proposed changes to Australian laws on …

Regulating International Surrogacy Arrangements Within The United States: Is There A Conceivable Solution?, Laura R. Golden

Georgia Journal of International & Comparative Law

No abstract provided.

Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

This essay argues that by framing security in the South China Sea through the lens of territorial claims and power relations the bigger picture of a safe, secure and sustainable South China Sea is neglected. The essay reflects on a photograph from my childhood on the shores of the South China Sea. In the photograph, I have a little red bucket in my hands and a wide grin on my face as I prepare to build a sandcastle. In the intervention, I recall how it feels to be truly secure. By returning to the joys of childhood experienced on the …

Freedom Of Religion And Belief In India And Australia: An Introductory Comparative Assessment Of Two Federal Constitutional Democracies, Paul T. Babie, Arvind P. Bhanu

Pace Law Review

This article considers the freedom of religion and belief (“free exercise”) in two secular federal constitutional democracies: India and Australia. Both constitutional systems emerged from the former British Empire and both continue in membership of the Commonwealth of Nations, which succeeded it. However, the similarities end there, for while both separate church and state, and protect free exercise, they do so in very different ways. On the one hand, the Indian Constitution contains express provisions which comprehensively deal with free exercise. On the other hand, while one finds what might appear a protection for free exercise in the Australian Constitution, …

The Banking/Commercial Separation Doctrine In Comparative Perspective, Cristie Ford

All Faculty Publications

This report, prepared for the Department of Finance, Government of Canada, summarizes research undertaken across five jurisdictions – Australia, Japan, Singapore, the United Kingdom (UK), and the United States (US, federal level only) – with respect to a particular kind of boundary on the business of banking: the separation of banking business from commercial business. “Commercial” here means the provision of non-financial goods and services. This separation exists under what in the United States has long been referred to as the “banking/commercial separation doctrine”. The report considers the historical justifications for the doctrine in the context of the modern “business …

The Rise Of China And The Antarctic Treaty System?, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …

1885 - Royal Commission On Water Supply Irrigation In Western America, First Progress Report. A. Deakin

Related Research and Documents

A report prepared for the members of the Australian Royal Commission on Water Supply concerning irrigation in Western America as it related to water supply conditions in Australia, including a discussion of the historic irrigation practices on the North America continent, extent of irrigation in the West and various irrigation laws.

Enforcing Conformity: Criminalising Religiously Inspired Acts, Michael Quinlan

Law Papers and Journal Articles

This article considers current and foreshadowed Australian exclusion zone laws against the religious freedom, freedom of expression and peaceful assembly protections in the International Covenant on Civil and Political Rights (ICCPR). Exclusion zone laws criminalise activities which occur within designated areas around facilities which terminate pregnancies. Proscribed activities include communication and encompass public prayer, the offer of counselling and protest (no matter how quiet, respectful or caring). To date those prosecuted under these laws have been Christians whose actions were non-violent and motivated by their religious faith. The article argues that there is insufficient evidence that such actions cause harm …

Litigation, Liberty, And Legitimation: The Experience Of The Church Of Scientology In Australian Law, Bernard Doherty, James T. Richardson

Law Papers and Journal Articles

Freedom of religion, the paradigm of freedom of conscience, is of the essence of a free society. The chief function in the law of a definition of religion is to mark out an area within which a person subject to the law is free to believe and to act in accordance with his belief without legal restraint.

Prisoner, Prison And Situational Characteristics And Their Relationship With The Prevalence, Incidence And Type Of Prison Offending Recorded By A Sample Of Prisoners Within Western Australian Prisons, Catharine Phillips

Theses: Doctorates and Masters

The importance that researchers and prison administrators have placed on ensuring that the good governance, security and safety of prisons are maintained has generated a number of studies of prison offending. Previous studies have identified several prisoner, prison and situational characteristics as relevant in regard to their relationship with the prevalence, incidence and type of prison offences committed. However, no studies have been conducted in Australia, and therefore no studies have included Aboriginal prisoners in their prisoner samples. In addition, the differences in regard to legislation pertaining to prison offending between jurisdictions is also of importance when considering the generalisability …

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

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

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

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

Law Papers and Journal Articles

No abstract is available for this article.

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

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 …

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 …

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 …

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 …

Deterrence & Security Assistance: The South China Sea, Tommy Ross

The US Army War College Quarterly: Parameters

This article identifies how the United States can apply security assistance to support regional security in the South China Sea in order to counter China’s assertive expansion strategy.

Environmental Restorative Justice, Aiden Stark

Pepperdine Dispute Resolution Law Journal

Section I briefly introduces this article. Section II discusses the gravity of environmental crimes. Section III highlights the history of environmental criminal prosecution. Section IV explains how environmental crimes are currently prosecuted. Section V demonstrates how restorative justice procedures work. Section VI critiques the only previous analysis applying restorative justice to environmental crimes in the United States. Section Vll walks through Australian Justice Preston's analysis, which provides a proper foundation for applying restorative justice to environmental crimes. Section VIII applies Justice Preston's framework to criminal procedures in the United States. Section IX discusses criticisms that will be raised by bringing …

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is …

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.

Australia's Offset And The A2/Ad Strategies, Ian Langford

The US Army War College Quarterly: Parameters

No abstract provided.

To Kill Or Not To Kill: (When) That Is The Question? A Legislative Treatise On Battered Israeli Women Facing A Dead End Road, Hava Dayan

William & Mary Journal of Race, Gender, and Social Justice

This Paper seeks to examine the legal framework in which the self-defense exception is applied in Israel in circumstances of domestic violence. The Paper scrutinizes the issue with reference to recent amendments to the Israeli Penal Code pertaining to the ‘castledefense’ which grants a person defending his home and property-wide protection from criminal liability. In light of these amendments, the lack of legislative harmony between the exception to criminal liability applied when defending property and the deficient protection afforded to victims of ongoing, severe domestic violence, is striking. Aside from a critical review of Israeli legislation on the issue, this …