Gray on "The Punishment of Journalists for Contempt for Refusing to Reveal Their Sources in Court"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 29(2) of the Journal of Judicial Administration.  The article is titled "The Punishment of Journalists for Contempt for Refusing to Reveal Their Sources in Court".  Here is the abstract:

"Recently, the Australian Federal Police conducted raids at the home and office of two journalists. The validity of such action is currently before the courts. It is argued here that it is possible that the High Court might find that action that effectively forces a journalist to reveal their sources breaches the implied freedom of political communication. Journalists play a pivotal role in permitting the public to hold governments accountable in our democratic system of government. Laws that effectively force them to betray their confidential sources may well limit the supply of information to journalists, in turn curbing the flow of information to voters. Courts in other jurisdictions have found that raids on journalists’ homes and offices infringe freedom of expression in a way that cannot be justified in a democracy."

Gray on ‘The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed “Unwelcome” Religious Views’

Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled ‘The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed “Unwelcome” Religious Views’.  The article appears in Volume 47(4) of the Australian Business Law Review.  Here is the abstract:

"The question of the lawfulness of the termination of an employee in relation to their social media activity has been the subject of intense media interest in recent months. This article considers several legal arguments on point, including the possible question of unlawful termination in the Fair Work legislation, arguments about discrimination, breach of contract and other arguments. It concludes that, as the law presently stands, it would generally be difficult for an employee who has terminated in relation to unwelcome social media activity to successfully bring legal action against their employer, subject to a consideration of the specific terms of the employment agreement and facts of any given case. It considers relevant case law in other jurisdictions, accepting that these occurred within a different legal framework." 

Young co-authors "Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism"

Professor Simon Young of the USQ School of Law and Justice has co-authored a new paper (with Professor Jennifer Corrin of UQ) titled "Constitutional promises of indigenous recognition: Canada, Vanuatu and the challenges of pluralism".  The article appears in Volume 48(4) of the Common Law World Review.  Here is the abstract:

"The Constitutions of Canada and Vanuatu commit to recognition of ‘Aboriginal rights’ and ‘customary laws’, respectively. The translation of these aspirations has led the courts deep into the challenges of pluralism, magnified here by the weight of colonialism and constitutional context. This article explores the progress in these two contrasting countries to provide a broader view of the undertaking. It is argued that the persistence of visible problems reveals more fundamental difficulties and that the collaboration essential to the task of ‘recognition’—and to shoring up Western legal systems in the modern reality—must begin earlier and run deeper."

Gray on "Freedom of Speech in Practice: Controversial Applications of Law and Theory"

Professor Anthony Gray of the USQ School of Law and Justice has published an important new book with Lexington Press (an imprint of Rowan and Littlefield).  The book's title is Freedom of Speech in Practice: Controversial Applications of Law and Theory.  Here is the abstract:

"This book considers the application of free speech principles in controversial contexts discussing United States law and equivalent law in Europe, Canada and Australia. Anthony Gray examines the extent to which speech of public sector employees is and should be protected. He tackles the difficult question of hate speech and the degree to which regulation of it has been permitted, and should be permitted. The growing controversy of speech in a university setting is discussed along with the roles campuses play in fostering intellectual debate which democracies depend on. Lastly, Gray looks at free speech issues at stake in the exponential growth of online activity and analyzes questions the of liability these tech companies have and their role as facilitators of mass communication, to what extent does the first amendment even apply, and the potential of the internet to support democratic traditions. Overall, Gray finds that in these several key areas, free speech rights are not as strongly protected as they should be. Courts have often bowed to decision makers balancing away free speech rights in favor of other objectives and instead need to re-assert the importance of free speech in these disparate contexts."

Martin on "Victorian ecological sustainable forest management: Part VI – Identifying change mechanisms in regulation and a new model for Victorian public forestry"

Dr Rhett Martin, a Senior Lecturer at the USQ School of Law and Justice, has published the conclusion to his six-part series on forest management in Victoria.  The article appears in Volume 37(6) of the Environmental and Planning Law Journal and is titled "Victorian ecological sustainable forest management: Part VI – Identifying change mechanisms in regulation and a new model for Victorian public forestry".

Gray on "Chapter III of the Constitution and the Protection of Due Process Rights"

Professor Anthony Gray of the USQ School of Law and Justice has published a new paper in an edited collection on rights.  The book is titled The Legal Protection of Rights in Australia (Hart, 2019) and Professor Gray's contribution is "Chapter III of the Constitution and the Protection of Due Process Rights."

Gray on "A Critique of the Enterprise Risk Theory of Vicarious Liability"

Professor Anthony Gray of the USQ School of Law and Justice has published a new article in Volume 62(2) of the Canadian Business Law Journal.  Here is the abstract for A Critique of the Enterprise Risk Theory of Vicarious Liability:

"The enterprise risk theory has gained prominence as an attempted justification and rationalisation for the imposition of vicarious liability upon employers. This paper makes several criticisms of the enterprise risk theory, including that it does not accurately describe how judges traditionally decide tort law cases, it does not adequately explain all features of vicarious liability law, and it does not justify the imposition of vicarious liability upon organisations."