Articles on Law

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Daniel Andrews has announced reforms to Victoria’s bail laws following the events in Melbourne’s CBD last Friday. AAP/Angus Livingston

After Bourke St, Victoria should not rush in on bail reform

Australia needs to be very careful not to allow the bail system to become a political scapegoat at the hands of commentators exercising 20/20 hindsight.
It might be too soon to say that smart contracts will do away with lawyers all together. www.shutterstock.com

Smart contracts – smart or dumb?

Consider, for a moment, these two statements from the “Ultimate Guide to Understanding Blockchain Smart Contracts” on a well known Blockchain website: 1) Traditional Contracts “Traditional physical contracts…
A group of youths are suing the federal government for action on climate change using a novel legal approach. AP Photo/Chris O'Meara, Photo by Robin Loznak, courtesy of Our Children's Trust

Earth on the docket: Why Obama can’t ignore this climate lawsuit by America’s youth

Legal scholars explain why a lawsuit by 21 young people against the US government, arguing for a constitutional right to a stable climate, is such a powerful idea.
Should the government be able to use intellectual property laws to control who can criticise its health policies by using the Medicare logo? AAP/Joel Carrett

Medicare logo case shows the urgent need to update Australia’s IP laws

Using intellectual property laws to try to shut down Mark Rogers’ 'Save Medicare' website shows how these laws serve to restrict free speech and advance government privatisation agendas.
At the Truth and Reconciliation Commission, Desmond Tutu promoted restorative justice. But focusing on individuals neglects broader contexts of violence and inequality. Reuters

Why a narrow view of restorative justice blunts its impact

If violent contexts aren't taken into account, restorative justice does not serve broader society. Instead it serves as a peacemaking process within a paradigm stacked against the poor and vulnerable.
Recent improvements in medical management of HIV infection are not well understood in the legal sector. www.shutterstock.com

Australian law needs a refresher on the science of HIV transmission

HIV diagnosis is devastating for patients and their families. But the infection is no longer a death sentence, and should not be prosecuted as such say experts.
Gable Tostee was found not guilty of the murder of Warriena Wright, who fell from his balcony. AAP/Dan Peled/Queensland Supreme Court

Gable Tostee case: how common is death by falling?

Cases of homicide by falling are rare. But the Gable Tostee case is not the first instance of a fall from a building causing death being linked to criminal conduct.

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