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Articles on Law

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View from the hotel balcony? NASA's Marshall Space Flight Center

Is space tourism travelling faster than space law?

The turbocharged capitalism of private space flight is strangely at odds with the brotherly, generous global consensus that built the legal framework for extra-terrestrial travel.
Three of the seven seats in the High Court of Australia will soon be filled by women judges. Lukas Coch/AAP

Two-for-one: a good new High Court judge, and a woman to boot

Now that women will make up 40% of High Court judges come June 2015, is gender now irrelevant? Hardly. Women have made up slightly less than 10% of all High Court judges in the court’s history.
Marvin Gaye’s daughter speaks to the media after her family was awarded $7.4 million. Lucy Nicholson/Reuters

How the jury in the ‘Blurred Lines’ case was misled

According to copyright expert Wendy Gordon, the judge bungled his instructions to the jury. From there, the outcome was inevitable.
It makes no difference really in which room the gavel bangs. Paul Matthew Photography/Shutterstock

Online courts must not compromise fairness

Can the serious atmosphere of court, standing in the dock facing a be-wigged judge and barristers, be carried over into the world of video-conferencing? Skype of the Bailey, if you will. This is what the…
The captain of the Costa Concordia has been sentenced to 16 years’ jail after the ship ran aground off the coast of Italy two years ago. EPA/Luca Zennaro

If a company causes death at sea, don’t assume that means jail time

Late last week, an Italian court sentenced the captain of the Costa Concordia cruise liner, Francesco Schettino, to 16 years’ jail after finding him guilty of multiple charges of manslaughter. On January…
If you’re in favor of copyright extensions – and aren’t a corporation holding the rights or a descendent of the original author – you probably need some sense knocked into you. Flickr

Why Batman and Rhapsody in Blue should be in the public domain, but aren’t

In 1998, if Congress hadn’t extended copyrights by 20 years, George Gershwin’s Rhapsody in Blue, Hemingway’s The Sun Also Rises and Margaret Mitchell’s Gone with the Wind would all be in the public domain…
Lana Towers was murdered by her partner. The court heard statements on the impact of her death on family and friends and, for the first time, on the broader community impacts of domestic violence. Facebook

Don’t expect ‘world first’ impact statement to transform sentencing

In May 2013, Michael Suve McDonald beat to death Lana Towers, his partner of eight years and the mother of their two children. In what is thought to be a world first, the South Australian Commissioner…
We can now know whether this rendition of Miley Cyrus is (legally) parody. tehchix0r

The dispute over humour that reached the EU’s highest court

You probably don’t tend to consider any legal issues while watching Rita Ora’s recent parody of Beyonce’s 7/11 or the Chatroulette version of Miley Cyrus’s Wrecking Ball. But there are limits to the extent…
Scott Morrison has repeatedly characterised the Asylum Seeker Code of Behaviour as being necessary to protect the Australian community. AAP/Alan Porritt

Asylum seeker code is a rhetorical tool – with severe consequences

Recently, it was reported that asylum seekers are “staying indoors”, fearful of breaching the Asylum Seeker Code of Behaviour. All unauthorised maritime arrivals (UMAs) who are granted bridging visas are…

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