Articles on Law

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The courts are, or can be, theatres of remorse. Shutterstock

Friday essay: how do you measure remorse?

In many legal jurisdictions of the world, including Australia, an offender’s remorse is a mitigating factor at sentencing. And yet how judges evaluate such expressions is unclear.
Australian governments have too often succumbed to perceived community pressure to limit parole authorities’ independence and powers. AAP/Samantha Manchee

Political interventions have undermined the parole system’s effectiveness and independence

Government and judicial interventions into the decisions of parole boards display a progressive loss of faith in these independent bodies.
Debbie Baptiste, the mother of Colten Boushie, enters the Court of Queen’s Bench as the jury is in deliberation in the trial of Gerald Stanley, the farmer accused of killing her 22-year-old son, in Battleford, Sask., Friday, February 9, 2018. (THE CANADIAN PRESS/Liam Richards)

How racial bias likely impacted the Stanley verdict

Racial bias likely played a role in the Gerald Stanley case. This article explains how racial dynamics and process failures enabled systemic racism to play a part in Stanley’s acquittal.
Gerald Stanley enters the courthouse in Battleford, Sask., in February 2018 during his trial in the death of Colten Boushie, an Indigenous man. The use by Stanley’s defence team of peremptory challenges produced an all-white jury in his trial. THE CANADIAN PRESS/Liam Richards

A good first step towards diverse, impartial Canadian juries

The Canadian government's criminal justice bill would abolish what are known as peremptory challenges. Here's why that's long overdue.
In a 2016 ABS survey, one in two women reported having experienced sexual harassment, but 90% of them did not contact the police. Cindy Zhi/The Conversation NY-BD-CC

#MeToo exposes legal failures, but ‘trial by Twitter’ isn’t one of them

Critics say that #MeToo has turned the legal principle of innocent until proven guilty on its head, but such comments privilege the rights of perpetrators over justice for victims.
Donut King is a franchise of the Retail Food Group, a business under fire for allegations of underpaying staff. Alpha/Flickr

What’s going wrong with Australia’s franchises?

Two well-known franchises have come under fire this week for problems when reporting their business results. We answer four questions about the business model and why these scandals are reoccuring.

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