Roberts, Jemimah This article considers the constitutional implications of US President Donald Trump’s use of Twitter. This issue arose in the recent case of ‘Knight First Amendment Institute at Columbia University v Trump’, where a US federal court considered for the first time whether Trump’s actions in blocking users from his personal Twitter account violated…
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Volume 44 Issue 3 – Blackstone and his critics [Book Review]
Taylor, Greg Review(s) of: Blackstone and his critics, by Anthony Page and Wilfrid Prest (eds), Hart, 2018, xxi + 229 pages, $130 (hardback). Article source: https://search.informit.com.au/documentSummary;dn=699468812878156;res=IELHSS
Volume 44 Issue 3 – Constitutional recognition: First peoples and the Australian settler state [Book Review]
Synot, Edward Review(s) of: Constitutional recognition: First peoples and the Australian settler state, Dylan Lino, The Federation Press, 2018, 336 pages, $49.95 (paperback). Article source: https://search.informit.com.au/documentSummary;dn=699506078820673;res=IELHSS
Volume 44 Issue 3 – Research handbook on law and religion [Book Review]
Babie, Paul Review(s) of: Research handbook on law and religion, by Rex Ahdar (Ed.), Edward Elgar, 2018, xviii 493 pages, (eBook/print). Article source: https://search.informit.com.au/documentSummary;dn=699524711791931;res=IELHSS
Volume 44 Issue 3 – Girlie shoots the messenger
Onn, Carrie Ing; Wright, Isa Welcome to Pleasant Grove, Alabama <br /><br /> Not all is pleasant in Pleasant Grove, Alabama, where 27- year-old Marshae Jones was charged with manslaughter for the death of her foetus. How did the death occur? Careless Marshae was shot five times in the abdomen during a fight with another…
Volume 44 Issue 3 – Un-translatable?: Interpreting customary laws in a Western courtroom
Hannath, Luke This article observes interpretive issues that may arise when Aboriginal witnesses give evidence in western courtrooms. The author highlights this problem by observing native title claims in Australia. Two broad circumstances arise that present unique issues: first, when Aboriginal witnesses require interpreters for assistance in giving evidence, and second, when Aboriginal witnesses do…
Volume 44 Issue 3 – Consent, custom and international law in South Africa: What Australian lawmakers could learn
Young, Stephen This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates…
Volume 44 Issue 3 – Religions should be required to be transparent in their use of exemptions in anti-discrimination laws
Barker, Renae The Commonwealth and all states and territories provide exemptions for religious organisations and schools from anti-discrimination laws. However, it is unclear how and when these exemptions are being used by religious organisations. This article argues that all religious organisations who rely on exemptions in anti-discrimination laws should be required to be transparent in…
Volume 44 Issue 3 – Mandatory bicycle helmet laws and the disabled
Corr, Robert In his article, ‘As easy as riding a bike? How mandatory bicycle helmet laws harm those who can least afford it’, Carlo Dellora questions an unintended consequence of compulsory helmet laws. Drawing on his time working in the Special Circumstances List at the Melbourne Magistrates’ Court, Dellora argues for reform to address the…
Volume 44 Issue 3 – A hoax of blokes: Election 2019
Orr, Graeme With election season now over, and the carnival moved on, what tricks, old and new, were wheeled out by the troupes on all sides? And what lessons might we learn for the law of politics? Article source: https://search.informit.com.au/documentSummary;dn=699152052366767;res=IELHSS