Gray on "The Liability of Search Engines and Tech Companies in Defamation Law"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 27(1) of the Tort Law Review.  The article is titled The Liability of Search Engines and Tech Companies in Defamation Law.  Here is the abstract:

"In this second in a series of three articles, I consider another possible substantive change to the law of defamation, that relating to the liability of tech companies such as search engines for defamatory material. It is argued here that tech companies which merely allow others to access conduct created by another should not generally be regarded as publishers for the purposes of defamation law. The focus will be on the possible liability of search engines for such liability, given that internet service providers are provided some explicit statutory protection from such actions. The principles discussed would also be applicable to cases where it is claimed that those operating a public Facebook page are liable in defamation for material posted to that page by others, which is the subject of current Australian litigation."

Hemming on "Criminal Procedure in Australia"

Dr. Andrew Hemming, a Senior Lecturer in the USQ School of Law and Justice, has co-authored the second edition of Criminal Procedure in Australia.  The book is published by LexisNexis.  Here is the publisher's description:

"This important text combines commentary with primary sources to provide a contextualised approach to the legal principles underpinning criminal procedure in Australia. It offers a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.

The fully revised and extensively updated second edition includes developments in search and seizure, criminal infringement notices, and reforms in the areas of bail, committals and early guilty pleas, jury directions and sentencing (including expansion of Intensive Correction Orders in NSW). Important new cases include North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015, HCA) — detention of intoxicated persons; Prior v Mole (2017, HCA) — reasonable suspicion; Lee v NSW Crime Commission (2013, HCA); Strickland v DPP (Cth) (2018, HCA) — permanent stay of prosecution; Kalbasi v Western Australia (2018, HCA) — the proviso; Rodi v Western Australia (2018, HCA) — fresh evidence; AB v CD (2018, HCA) — prosecutor's duty of disclosure; Pell v R (VSCA, 2019) – unreasonableness appeal ground; and DPP Reference No 1 of 2017 (2019, HCA) – Prasad directions.

This comprehensive and accessible book is of practical assistance to practitioners, police, prosecutors and anyone involved or interested in the criminal prosecution process, while the contextualised and critical approach to legal doctrine provides academics, students and researchers with reliable guidance in this complex area."

Gray on "Defamation Law Reform in Australia: The Multiple Publication Rule"

Professor Anthony Gray of the USQ School of Law and Justice has recently published a new article in Volume 27(1) of the Tort Law Review  titled "Defamation Law Reform in Australia: The Multiple Publication Rule." Here is the abstract:

"Australian Attorneys-General are currently conducting a major review into the law of defamation. Australia’s uniform defamation laws were enacted in 2005, and much has changed in the past generation in the media and publishing landscape. This is the first of three articles that will consider possibilities for substantive reform of defamation law. This article will suggest that Australia should abandon the multiple publication rule, whereby a new cause of action and new limitation period generally applies on each occasion that defamatory material is “published”. Other jurisdictions have reformed this rule, and it is argued that Australian law should do the same." 

Zhao on "Contemporary Australian Tort Law"

Dr. Bob Zhao, a Lecturer at the USQ School of Law and Justice, has co-authored a new textbook from Cambridge University Press called  Contemporary Australian Tort Law.  Here is the publisher's summary:

"Contemporary Australian Tort Law is an engaging, accessible and student-friendly introduction to the law of torts in Australia. This unique text presents the foundational topics of tort law in a logical way, covering duty of care, breaches, negligence, damages and defences, as well as higher level topics such as defamation and offences in public office."

Gray on "The First Amendment to the United States Constitution and the Implied Freedom of Political Communication in the Australian Constitution"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 48(3) of the Common Law World Review.  The article is titled The First Amendment to the United States Constitution and the Implied Freedom of Political Communication in the Australian Constitution.  Here is the abstract:

"This article suggests that the Australian High Court might usefully utilize more of the First Amendment jurisprudence than it has done so to date. After a succinct summary of the Australian implied freedom and First Amendment case law, it documents cases in which the Australian High Court has either utilised, or not utilised, First Amendment case law. It suggests specific instances in which the Australian case law might utilize some of the American doctrine, and responds to suggestions that the American case law is not applicable to the Australian constitutional context."

Young on "The Increments of Justice: Exploring the Outer Reach of Akiba’s Edge Towards Native Title ‘Ownership'

Professor Simon Young of the USQ School of Law and Justice has published a new article in the University of New South Wales Law Journal.   "The Increments of Justice: Exploring the Outer Reach of Akiba's Edge Towards Native Title 'Ownership'" has the following abstract:

"The Torres Strait regional sea claim, culminating in the High Court decision of Akiba v Commonwealth, signalled a new respect for the holistic relationships and dominion that underlay First Peoples’ custodianship of land and waters. The ‘Akiba correction’ centred upon a distinction between ‘underlying rights’ and specific exercises of them – and produced in that case a surviving right to take resources for any purpose (subject to current regulation). The correction emerged from extinguishment disputes, but the significance of this edge towards ‘ownership’ was soon evident in ‘content’ cases on the mainland. Yet there are new challenges coming in the wake of Akiba. What of the many native title determinations that have been settled or adjudicated on pre-Akiba thinking? And what does this renaissance in native title law offer to the communities that will fail (or have failed) the rigorous threshold tests of continuity – also crafted with the older mindset?"

Collins on "The Military as a Separate Society: Consequences for Discipline in the United States and Australia"

Professor Pauline Collins of the USQ School of Law and Justice has published a new book with Lexington Press.  The book is titled The Military as a Separate Society: Consequences for Discipline in the United States and Australia.  Here is the publisher's summary:

"The exercise of public power by the military in civilian Western democracies such as Australia and the United States demonstrates a tendency toward diminished responsibility for moral behavior. Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins argues that the justifications for separate treatment weakens both the military reputation and the practice of civilian control of the military as well as leading to an overall decline in morality and values in a democratic society."

Gray on "Freedom of Speech in the Western World: Comparison and Critique"

Professor Anthony Gray of the USQ School of Law and Justice has recently published a new book with Lexington Books, an imprint of Rowman & Littlefield.  Freedom of Speech in the Western World: Comparison and Critique has the following abstract:

"The United States Bill of Rights was groundbreaking in providing constitutional recognition to freedom of speech. In the past century the Supreme Court has decided hundreds of cases concerning free speech, providing an established system of jurisprudence to analyze free speech cases. This book explains the development in the US case law and compares it to developments in similar jurisdictions such as Canada, Australia, and the United Kingdom, and Europe. Anthony Gray critiques the jurisprudence of each nation studied, while noting some important similarities and differences in terms of how free speech is protected in the Western world, what causes these differences, what one system might learn from others, and whether convergence in approach can be expected."

Patrick on "Evidence of Absence in the Ruddock Report"

Dr. Jeremy Patrick, a Lecturer in the USQ School of Law and Justice, has published an article in the Australian Law Journal titled Evidence of Absence in the Ruddock Report.  Here is the abstract:

"The recommendations made in the Ruddock Report are rather modest when compared to previous reviews of the state of religious freedom in Australia. The Ruddock Panel rejected widespread calls for a general federal human rights act or a specific law protecting religious freedom. What explains the Panel’s reluctance? This paper argues that the cause was the Panel’s extremely narrow definition of what legitimately constitutes evidence of a problem. The Ruddock Report often supports its recommendations of inaction by stating that submissions arguing for change consistently relied on a handful of high-profile cases, involved incidents overseas, or just didn’t provide numerically-impressive evidence of complaints to existing human rights bodies. In addition, the Ruddock Report failed in viewing rights-protection as purely reactive (solving an existing problem) rather than prophylactic (safeguarding against plausible and significant future threats). By setting such a narrow standard of acceptable evidence and by neglecting the need for foresight, the Ruddock Report did not properly evaluate the important issues it was asked to investigate." 

Zhao on "Developing an appropriate contaminated land regime in China: lessons learned from the US and UK"

Dr. Bob Zhao, a Lecturer in the USQ School of Law and Justice, has recently published the second edition of his important book Developing an appropriate contaminated land regime in China: lessons learned from the US and UK.  Published by Springer in 2019, here is the summary:

"This book explores the complex package of mechanisms used to identify, record, manage and remediate contaminated land, including the system for allocating liabilities that has been set up by China’s contaminated land law and accompanying administrative decrees and environmental standards. Statutory control of soil or land contamination is a comparatively new phenomenon for Chinese lawmakers and researchers. After more than ten years of preparation, China recently adopted its first nationwide contaminated land law—the Law of the People’s Republic of China on the Prevention and Control of Soil Contamination, which entered into effect in the beginning of 2019. The law deals exclusively with risk management in connection with soil contamination, and the remediation of contaminated land.

This book analyzes various facets of how China is managing the risks associated with soil contamination and remediating contaminated sites by means of legislation. Chapters 1 and 2 reveal the current extent of the soil contamination problem in China and the initial policy responses of the country’s central government. In turn, Chapters 3 and 4 address the regulatory frameworks and the latest contaminated land legislation at both the local and national level. Lastly, Chapters 5 through 9 offer concrete recommendations, based on lessons learned in the US and UK, for reforming contaminated land management in China. 

Overall, the book covers the past, present and future of contaminated land management in China, making it of interest to environmental policymakers, administrators, academics, lawyers and engineers engaged in soil or environmental protection. Further, it offers a source of reliable information for those who want to learn more about China’s environmental legislation and contaminated land management policy." 

Program: "Freedom of Religion: Challenges and Opportunities" Colloquium

Freedom of Religion: Challenges and Opportunities

Colloquium

University of Southern Queensland (Toowoomba Campus: Q501)

22 November 2019

PROGRAM

9.15	Welcome Professor Reid Mortensen
9.30 10.00 10.30 11.00 11.30	Convenor: Jeremy Patrick Equality and Religious Freedom I (Chair: Jeremy Patrick) Issues in Conscientious Objection: How Can Judges Decide Whether You are Cooperating in Evil? Mr. Patrick Quirk, Thomas More Law School Should Religious Schools Should Be Allowed to Discriminate? Mr. Michael Dimarco A time for everything. Time to revisit a bill of rights? Kim Bailey, Charles Sturt University Morning Tea International Perspectives (Chair: Sarah McKibbin) Law Society of British Columbia v Trinity Western University: The Supreme Court of Canada Tries (and Fails) to Balance Equality and Religious Freedom Dr. Matt Watson, University of Queensland
12.00	Religion, Culture and the Constitutionality of the Doctrine of Entanglement for the South African Context Professor Shaun de Freitas, University of the Free State
12.30	Title TBD Dr. Dani Muhtada, Universitas Negeri Semarang
1.00 1.45 2.15 2.45 3.15 3.45 4.15	Lunch Theoretical Perspectives (Chair: Timothy Nugent) An Oral Defence: Advancing a Tolerant, Secular Commonwealth: Anti-discrimination Law Mr. Matthew Harradine “Mrs Murphy”: A Window into Property Law and Religious Freedom Mrs. Julie Copley, University of Southern Queensland Contributions and Challenges of Muslims in Multicultural Australia Professor Shahjahan Khan, University of Southern Queensland Afternoon Tea Equality and Religious Freedom II (Chair: Reid Mortensen) Drawing the Boundaries: Exploring the Current (and Future!) Scope of the Religious Bodies Exemptions in State Antidiscrimination Laws  Dr. Sarah Moulds, University of South Australia Religious Freedom in the Workplace and the Folau Effect Dr. Alex Deagon, Queensland University of Technology
4.45	Closing and drinks

Colloquium Dinner: Time & Location TBD

Organised by the USQ Law, Religion, and Heritage Research Program Team

ABSTRACTS

Equality and Religious Freedom I

Mr. Patrick Quirk, Thomas More Law School

Issues in Conscientious Objection: How Can Judges Decide Whether You are Cooperating in Evil?

David Oderberg is a recognized philosopher whose work was recently cited in the US Supreme Court landmark case of Burwell v Hobby Lobby (2014). Oderberg's 2018 book on conscience protection - “Opting Out” - has engaged lawyers and policy experts by suggesting a Conscience Protection Bill, which could be written into all “equality laws.” This paper will explore Oderberg’s suggestion with emphasis on the problems that can arise when judges attempt to make decisions about “theology” and the extent of acceptable cooperation in a wrongful action.

Mr. Michael Dimarco

Should Religious Schools Should Be Allowed to Discriminate?

“Religious schools should be allowed to discriminate” was the issue put to debaters at this year’s Inaugural Annual Religious Liberty Debate. This Presentation is an overview of the issues relevant to that debate. It addresses the intersection of various rights, the Ruddock Review, the legal framework pertaining to the topic and the issue of language and the effect that certain words can have on this debate. It also suggests the exceptions-based approach currently enforced to address this issue, is insufficient and that reform is needed to adequately address this complicated and important issue.

Kim Bailey, Charles Sturt University

A time for everything. Time to revisit a bill of rights?

For those who believe, religious faith is the expression of how they understand self and the world. Freedom to express faith must be conceptualised as a basic human right. With the changing landscape of identity politics, safe spaces and the new tolerance, freedom of expression of faith is under attack. This right can no longer be assumed to exist as a democratic principle in Australian society. As our legislature continues to grapple with defending religious expression through “shield” legislation, the time is ripe to reconsider whether a constitutionally entrenched bill of rights is a better solution.  This paper will critically consider the position that faith groups have historically taken on a bill of rights, and offer argument for why a bill of rights needs to come back into the debate.

International Perspectives Dr. Matt Watson, University of Queensland Law Society of British Columbia v Trinity Western University: The Supreme Court of Canada Tries (and Fails) to Balance Equality and Religious Freedom My article analyses the Supreme Court of Canada’s decision in the case of Law Society of British Columbia v Trinity Western University, which forced the court to grapple with the question of how to balance equality and religious freedom. I argue that the reasoning of several justices displayed an impoverished understanding of the right to freedom of religion. I challenge the finding of the majority that the law societies’ decisions to refuse accreditation advanced the objectives of maintaining equal access to and diversity within the legal profession, and maintaining public confidence in that profession. I also consider—and ultimately reject—the argument that by accrediting the proposed TWU law school the law societies would have been conveying a symbolic message that intolerably denies the dignity and equality of LGBTQ+ individuals.

Professor Shaun de Freitas, University of the Free State Religion, Culture and the Constitutionality of the Doctrine of Entanglement for the South African Context The South African judiciary supports the protection of the autonomy of religious associations. The doctrine of entanglement (or non-entanglement) forms part of the said protection which means that the courts are hesitant to become entangled in the doctrines held by a religious association. The application of the doctrine of entanglement has recently been criticised for supposedly resulting in religious practices being adjudged separately (in line with the doctrine) and in some way shielded from constitutional scrutiny, while all cultural practices are expected to be constitutionally compliant. In response to the above, it is argued that the doctrine of entanglement is nothing more nor less than the South African Constitution’s democratic ideals and aspirations towards the protection as well as the furtherance of diversity, and that the said doctrine should therefore not be understood as presupposing that religion be prioritised above that of culture. This is also of importance to democratic and by implication plural societies beyond South Africa.

Dr. Dani Muhtada, Universitas Negeri Semarang Title TBD Theoretical Perspectives Mr. Matthew Harradine An Oral Defence: Advancing a Tolerant, Secular Commonwealth: Anti-discrimination Law This presentation offers an examination of (and an opportunity to question) the content from a Master of Laws thesis to be completed in 2019. The thesis responds to the High Court’s construction of the free exercise clause of section 116 of the Australian Constitution and the dichotomy of ‘’freedom and equality’’ in Australia. The thesis does this by adopting a legalistic understanding of ‘’religious freedom’’, grounded in the language of ‘civilised religion’ and the Commonwealth as a ‘moral authority’. The impact of federal anti-discrimination law on religious freedom is considered and conclusions drawn on the constitutional validity of those laws. Mrs. Julie Copley, University of Southern Queensland “Mrs Murphy”: A Window into Property Law and Religious Freedom A place to be is essential to life and a well-lived life. In each Australian State and Territory, a well-established system of property includes relevant anti-discrimination provisions, but release by the Federal Attorney-General of a draft Religious Discrimination Bill 2019 raises questions about ‘property’ and its distribution under State and Territory frameworks. Should it be possible, for example, for “Mrs Murphy” whose dwelling is home also to three families living independently of each other to rent only to fellow Catholics? When ‘justice’ confronts ‘property’, theory is capable of ensuring both distributive and corrective justice. Engagement with theory provides essential conceptual language and informs legislative choice. Professor Shahjahan Khan, University of Southern Queensland Contributions and Challenges of Muslims in Multicultural Australia Australia is a vibrant migrant nation where vast majority of the population are either migrants or descendants of migrants. In the recent years, multiculturalism has become a well accepted narrative for all Australians. Although Australia is a secular democracy, there is official recognition and respect for all religions, languages and cultures.  Australian Muslims have contributed significant in the area of science, technology, food, healthcare, international trade, education, halal business, sports, culture and security. Apart from a very small number of refugees, majority of Muslims in Australia are highly skilled professionals, and well placed among in their peers. Equality and Religious Freedom II Dr. Sarah Moulds, University of South Australia Drawing the Boundaries: Exploring the Current (and Future!) Scope of the Religious Bodies Exemptions in State Antidiscrimination Laws  Australia is in the midst of an impassioned debate about how to appropriately balance freedom from discrimination with freedom of religious expression.  At the State and Territory level, uncertainty surrounds the content and operation of relevant anti-discrimination laws, and significant differences exist across jurisdictions.  These differences have both normative and practical implications for those seeking to exercise their right to freely express their religion, and for those demanding protection from discrimination.  In this paper, I briefly summarise the existing State and Territory provisions and reflect on the consequences of federal-led reform agendas on the scope of these laws. Dr. Alex Deagon, Queensland University of Technology Religious Freedom in the Workplace and the Folau Effect

Israel Folau was dismissed as an employee of Rugby Australia after expressing controversial religious views on social media. Some have characterised this as a simple contractual issue, while others see it as symptomatic of a more fundamental religious freedom problem. In this paper I approach the case from the latter perspective, considering the central challenge raised by the Folau case, which is the extent to which an employer can govern religious speech by an employee. I propose that it can be appropriate for an employer to restrict the religious speech of an employee, subject to certain conditions that may not have been satisfied in the Folau case.

Gray on "Good Faith--The Incomplete Legal Transplant"

USQ School of Law and Justice Professor Anthony Gray has published a chapter in an edited collection.  The essay is titled "Good Faith--The Incomplete Legal Transplant" and appears in Dr. Vito Breda's book Legal Transplants in East Asia and Oceania.  Here is a summary of the chapter from the publisher's website:

This chapter will consider a legal transplant that is potentially still occurring – the broad recognition of notions of ‘good faith’ in relation to contracts. Whilst notions of good faith surround early conceptions of contractual relations, as will be seen, the common law, whilst initially apparently accepting good faith as part of the law of contract, set its face against such a doctrine, except in relation to insurance contracts. That resistance had been stoic for many years, until finally in recent years, the United Kingdom Supreme Court accepted the doctrine as a principle applicable to contracts, at least to some extent. In so doing, it followed in the footsteps of the Canadian Supreme Court, which finally recognized a general doctrine of good faith earlier in the same year. The doctrine is broadly recognized in the United States.

Breda on "Legal Transplants in East Asia and Oceania"

USQ School of Law and Justice Senior Lecturer Dr. Vito Breda has edited a new collection of essays titled Legal Transplants in East Asia and Oceania.  The book was published in June of this year by Cambridge University Press, and has a website here.  According to the publisher,

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

McKibbin & Mortensen on "The HCCH Judgement Conventions in Australian Law"

USQ School of Law and Justice Lecturer Ms. Sarah McKibbin and Professor Reid Mortensen have co-authored, along with Michael Douglas and Mary Keyes, an important new article titled "The HCCH Judgment Conventions in Australian Law".  The article appears in Volume 47(3) of the Federal Law Review.  Here is the abstract:

"In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of the Judgments Convention in Australia. It is argued that domestic legislation that emerges from the Judgments Convention will deliver an overdue refurbishment of the Australian law relating to the recognition and enforcement of foreign judgments. Australia’s adoption of the Judgments Convention ought to be welcomed."

Gray on "The Offence of Sedition"

USQ School of Law and Justice's Professor Anthony Gray has published a new article titled "The Offense of Sedition: Its History, Its Current Status in Australian and International Law, and Its Constitutionality."  The article appears in Volume 47(2) of the Australian Bar Review.  According to the abstract:

"This article considers the offence of sedition. The offence is of ancient vintage. Over the years its scope has narrowed, but sedition-type offences remain a feature of Australian criminal law. This article considers whether a constitutional challenge against such laws might be successful on the basis of the implied freedom of political communication."

Mortensen on "The Case Management Stay in Private International Law"

USQ School of Law and Justice Professor Reid Mortensen has contributed to a recent essay collection on private international law.  The book, Commercial Issues in Private International Law: A Common Law Perspective, is published by Hart and edited by Michael Douglas, Vivienne Bath, Mary Keyes, and Andrew Dickinson.  Professor Mortensen's contribution is titled "The Case Management Stay in Private International Law."  Here is the publisher's description of the book:

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law.

This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

Colloquium: "Freedom of Religion: Challenges and Possibilities" [CALL FOR PAPERS]

CALL FOR PAPERS

FREEDOM OF RELIGION: CHALLENGES AND POSSIBILITIES

The proper scope of religious freedom continues to be an issue that vexes lawmakers, the public, and faith communities around the world.  Is there too much or too little room for the free practice of religion?  How should freedom of religion be balanced against other rights?  Is the law keeping up with changes in society?

Against the backdrop of controversies like same-sex marriage, the Ruddock Report, and the high-profile religious discrimination claim of Israel Folau, an opportunity arises to re-evaluate the fundamental right of religious freedom in Australian and beyond.

The Colloquium

The USQ School of Law and Justice together with the Law, Religion, and Heritage Research Program Team are hosting a scholarly colloquium on the scope, value, and status of religious freedom in Australia and beyond.

Date:  22 November 2019

Venue: USQ Toowoomba Campus, Q501/2

Invitation

Academics and students from any discipline are invited to present their scholarly research on the colloquium's theme.  Contributors should expect to present for about 20 minutes with time for questions afterwards.

Queries

RSVP to Dr Jeremy Patrick with a title and 100-word precis via e-mail to jeremy.patrick@usq.edu.au by 31 August 2019.

Hemming on Common Law Forfeiture

USQ School of Law and Justice Senior Lecturer Dr. Andrew Hemming recently submitted a paper to the South Australian Law Reform Institute for its review of common law forfeiture.  The full text of the paper can be found on USQ ePrints, here.

Gray on "Internment of Terrorist Suspects and the Australian Constitution"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 93(4) of the Australian Law Journal.  The article is titled "Internment of Terrorist Suspects and the Australian Constitution".  Here is the abstract:

"This article considers constitutional questions that arise in relation to recent calls for internment in Australia with respect to those suspected of engagement in terrorism activity. Internment has been practised in the past in Australia with respect to war or warlike conditions, though the extent to which Australia is currently “at war” is of course highly contested. Laws in various Australian States, and at federal level, also currently contemplate preventive detention, though this is in the context of individuals who have already been convicted and sentenced for crime. As such, the current proposal differs significantly from preventive detention as currently practised in Australia. The article considers whether the Commonwealth’s defence power would likely support such a scheme, whether it would be valid if the power were reposed in a member of the Executive, and whether it would be valid if reposed in a court. As a result, it considers whether such schemes are punitive in nature, and the essential character of such a power. The article is focused on the constitutionality of such a scheme, rather than its merits as public policy."

Collins Co-edits and Contributes to a New Book on Place and Conflict

Professor Pauline Collins of the USQ School of Law and Justice has recently co-edited and contributed to a new collection of essays titled: The Nexus among Place, Conflict, and Communication in a Globalising World.  Published by Palgrave MacMillan, the book is summarised as follows:

"The world abounds with conflicts and the associated communication practices and technologies that perpetuate and contest conflict as it occurs in place. All conflicts are crucially connected with place, and all conflicts are communicated in multiple ways. This book explores the complex nexus among place, conflict and communication and brings together 11 investigations around the interplay of place, conflict and communication. The interdisciplinary focus includes education, history, international relations, law and sociology. The chapters are geographically diverse, traversing Aceh in Indonesia, Australia, England, Finland, Ireland, Singapore, South Africa and Zimbabwe. The book highlights the possibilities for reimagining the future so that more democratic and peaceful understandings of place can lead to fewer conflicts and less conflict-based communication. Better futures are possible only if place is replotted, conflict is reconceptualised and communication is recontextualised from new, varied and more inclusive perspectives with a vision to creating a more harmonious world."