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Articles on Law

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As attorney-general in the Newman government, Jarrod Bleijie is entitled to defend the state’s bikie laws, but not to deflect responsibility for decisions on to the state’s legal officers. AAP/Dan Peled

Politicising advice: a cautionary tale for all governments

Queensland solicitor-general Walter Sofronoff QC resigned last week. He has now revealed his outrage at the conduct of Queensland attorney-general Jarrod Bleijie. Bleijie has appeared willing to breach…
The Mr Big technique that caught Daniel Morcombe’s killer, and ultimately led to his conviction, deserves credit for solving the long-running investigation. AAP/Supplied

Mr Big: the covert technique that solved the Morcombe case

The 2003 disappearance of 13-year-old Daniel Morcombe in Queensland highlighted the difficulties police face when investigating a potential murder with no body and no crime scene. Ultimately, it was the…
Amid the constant debate about Religious Instruction in schools, what does the law say? www.shutterstock.com.au

Explainer: what the law says about Religious Instruction in schools

In recent weeks the issue of the religious content of Australian education has been hotly debated. Last week The Age reported the latest development. Principals in several Victorian state schools had ceased…
In the face of rising opposition to its anti-bikie measures, the Queensland government must find a way to cut through the rhetoric with facts and stop inflaming the debate. AAP/Dan Peled

The battle to win hearts and minds in Queensland’s bikie war

One fascinating aspect of the Newman government’s “war on bikies” in Queensland has been the battle for the hearts and minds of average citizens. In an attempt to convince the public of the threat – and…
Out, then in, then out again: Greens Senator Scott Ludlam was returned in a recount, but says the court made the ‘right call’ because voters were disenfranchised when votes went missing. AAP/Alan Porritt

Missing votes mean it’s back to the polls for Western Australia

Although the Court of Disputed Returns has not yet formally declared that Western Australia’s half-Senate election was void, Justice Hayne’s judgment has made it clear that this is the necessary, or as…
http://www.flickr.com/photos/national_museum_of_australia/5056220012/

Racism of rigid legalism greets asylum seekers and their kind

We rightly celebrate living in a society where law and order prevail. Being able to follow established rules allows for the smooth operation of the many necessary transactions of everyday life. Yet it…
Sally Kuether has no right of access to any secret evidence against her but faces a mandatory six months’ jail if convicted under Queensland anti-bikie laws. AAP/Miranda Forster

Knowing the case against you: secrecy is eroding fair process

In a courtroom crowded with supporters, Queensland woman Sally Kuether was released on bail late last month. Kuether, a librarian, had been arrested and held in custody for six days under the state’s notorious…
Australian law is allows for breastfeeding and expressing milk wherever we are. Hobo Mama/Flickr

For breastfeeding in public, laws are not enough

It’s rare for a significant period of time to pass before another debate about breastfeeding takes place in the media. The latest? Some of the highest authorities have said breastfeeding is okay, even…
Female barristers have had to challenge the male-dominated professional norms of the Bar. AAP/Gillian Ballard

Australian women must hold their nerve until justice is served

Australian men and women in relatively equal numbers obtain undergraduate and postgraduate degrees in political science, law, medicine, business and economics. There is no shortage of women academics…
Code-breaking genius Alan Turing was driven to suicide by the criminalisation of homosexuality. Such convictions still haunt many Australians. AAP/Keir David

Saying sorry for governments intruding in your bedroom

It is time for all Australian governments to acknowledge a historic wrong. In doing so they will help to right an injustice and demonstrate a real commitment to respect for all Australians. Earlier this…
The Coalition government’s deal with the states over schools funding should not be broken so easily. AAP Image/Tim Dornin

Legally binding or not? Why breaking the Gonski funding deals matters

Education minister Christopher Pyne has announced the new government will dump the agreements with the states on the Gonski school funding reforms, negotiated by the former Labor government. Pyne has said…
It’s set to be a big few months for the High Court of Australia. What are the key cases to watch? petelawley

The High Court – coming to a Centre Stage near you

In coming months, the High Court – the highest court in Australia and the final arbiter on the meaning of the Constitution – will decide several high-profile cases. These decisions, which may result in…
Televised court proceedings will reveal what goes on inside these walls. John Allan

Cameras in court throw us in at the deep end before we’re ready

The Court of Appeal is to be televised for the first time now that a ban on cameras in courts in England and Wales has been lifted. High-profile media organisations have been lobbying for such a move for…
Two thirds of children with cancer are in clinical trials. Matter

New law will help drive more clinical trials for child cancers

Clinical trials provide the unbiased evidence essential for improving treatments in all areas of medicine. For children with cancer the development of safe treatments that work has relied on high quality…
The High Court has found that Indigenous disadvantage needs to be taken into account during sentencing. AAP Image/Marianna Massey

High Court to give ‘full weight’ to Indigenous disadvantage

How long should a criminal’s past history and background remain relevant in a court of law? That was the question before the High Court earlier this week in the case of William Bugmy. Bugmy, a 29 year-old…
Two women wearing niqabs in France. The traditional Islamic garment has caused controversy in the UK after a judge forced a woman to remove hers to give evidence in court. EPA/Ian Langsdon

Women and veiling: the elephant in the courtroom

The rights and wrongs of women wearing niqabs to give evidence have been the subject of an English court decision and much social and media debate recently. Over the past few years, the issue has also…
Studying law can be confronting and can lead some students to depression or anxiety. But what can be done about it? Law school graduate image from www.shutterstock.com

Law school too hard? Why the struggle could be a good one

As law teachers, we have plenty of hopes for our students. Upon graduating, we want them to have a good grounding in legal knowledge and to be creative thinkers. We also hope they will come out of law…
Indonesian military officers have been caught up in people smuggling rings, but what actually happens to the kingpins of these operations? AAP/Karlis Salna

Prosecuting people smugglers in Indonesia

Against widely held opinion in Australia that Indonesia is not doing anything to stop people smugglers from shipping asylum seekers to Australia, Indonesia has, in fact, stepped up its activities to curb…
Nothing on the box? The Home Office is providing a new source of entertainment. ukhomeoffice

Immigration arrests are not a spectator sport

In the week that saw the British press rightly condemning the use of Twitter to send violent threats to several women, the Home Office started to use the social media site to publicise operations to carry…
Where can I plug in my laptop? Courtrooms are due a digital makeover Fayerollinson

Paper-hungry courts put on digital diet

The UK courts are to be dragged into the 21st century with a £160 million investment to help them go digital. Announcing its plans, the Ministry of Justice revealed that the courts get through a staggering…

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