Articles on Law

Displaying 321 - 340 of 352 articles

Journalist or blogger? It’s a thin line. See-ming Lee 李思明 SML

When does a blogger become a journalist?

Citizen journalists everywhere should be checking the fine print of media shield laws, after a US District Court judge in Oregon ruled that self-styled investigative blogger Crystal Cox was not a journalist…
If the republic is going to be put back on the political agenda in 2012, more will need to step up and talk more about the issue publicly. Flickr/GregTheBusker

Vive la republique! Why Nicola Roxon’s push for constitutional reform needs supporters

The new Attorney-General, Nicola Roxon, has made her intention clear to reignite the debate on Australia becoming a republic. On taking up the new position, she took the opportunity to stake out her position…
Suspect Bradley Manning is accused of “aiding the enemy” and faces court martial by a US military court. EPA/BradleyManning.org/

Defending Private Manning: Wikileaks suspect has his day in court

The controversy over Wikileaks will today, at least temporarily, shift its focus from the website’s founder Julian Assange to suspected informant Private First Class Bradley Manning. Today Manning will…
Newly appointed Attorney-General, Nicola Roxon may be surprised to find the bill of rights she doesn’t want is already in place. AAP Image/Julian Smith

Roxon got it right: we don’t need a bill of rights because we’ve already got one

The new Commonwealth Attorney-General, Nicola Roxon has said that in her new role she would not push for a bill of rights to be included in the constitution. But many would be surprised to learn she doesn’t…
It’s time to recognise the first Australians in our constitution. Flickr/Rusty Stewart

It’s time to recognise Indigenous Australia in our constitution

Last week, the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples concluded its deliberations on reform proposals. While we wait on the release of their final report…
Occupy protestors have a right to protest; police powers to move them on from public spaces should be questioned. RynChristophe/Youtube

Moving right along: what powers do police have to ‘move-on’ protestors?

When police removed a young woman’s “tent dress” this week at the Occupy Melbourne encampment, it was yet another controversial interaction between protesters and authorities. As shown in the Occupy movement…
Young offenders may not be equipped with the skills to help them deal with restorative justice. Flickr/Pandham

Restorative justice may not work for all young offenders

Educating young offenders about the consequences of their crimes is a key way to ensure they don’t re-offend. But bringing them face to face with their victims may not always be the right way to go. Young…
Australia’s Ambassador to Indonesia, Greg Moriarty, has been working to secure the release of the 14 year old, amid huge media interest. AFP/Sonny Tumbelaka

Bali teenager used as political pawn in domestic politics

The arrest of a 14 year old Australian boy accused of possessing marijuana in Bali has provoked a media storm. The Australian Ambassador to Indonesia says the case is his “top priority”, and even the Prime…
ABC’s The Slap investigates the complex and very personal views of those at the heart of a smacking case. ABC

The legality of ‘The Slap’

In last night’s ABC program, The Slap, an impulsive slap changed everything. A man struck someone else’s child at a barbecue provoking a legal challenge. In real life, that would be an assault, though…
What is Australia’s responsibility for low-lying neighbours like Palau? CasaDeQueso

See you in court: the rising tide of international climate litigation

The Pacific Island State of Palau recently announced it will seek an Advisory Opinion from the International Court of Justice (ICJ), asking whether countries have a responsibility to avoid their emissions…
The ACCC has pledged to take more businesses to court over anti-competitive behaviour. Hacklock

Will Rod Sims’ tougher approach pay off for the ACCC?

When the appointment of Rod Sims as chairman of the competition watchdog was announced earlier this year, there was disquiet among some competition lawyers. Would Sims, an economist, readily appreciate…
The Centro case shows there are significant differences between the liability and penalty stages of a trial. AAP

Did Centro’s directors really get off lightly?

The Federal Court ruling in the Centro Properties Group case in June has been viewed by many as significantly raising the legal bar in relation to Australian company directors’ duty of care. Yet the penalties…
Australian law needs to catch up with technology which means we can be watched at any time. Flickr/Esther Gibbons

Why privacy laws should not be a game of roulette

Watching other people is human. It’s why TV shows like Big Brother, and paparazzi magazines flourish. But while some people choose to expose private moments, others do not. And Australian law doesn’t always…
In Australia, forensic evidence is coming under increasing scrutiny. Andrea Hayward/AAP

The CSI effect: are jurors starstruck by forensic evidence?

FORENSICS AUSTRALIA – Jurors without technical training are frequently required to consider complex forensic evidence. It’s not just a matter of understanding the forensic evidence: in the case of “opposing…
Bikie gang members in Adelaide last year protesting about laws aimed at breaking their organisations. AAP

National bikie gang laws: the wrong approach

Police across Australia have called for a uniform national law to deal with what they say is a severe criminal threat by outlaw motorcycle gangs. The law would be similar to legislation in South Australia…

Top contributors

More