common law cases australia
5726 results for common law cases australia
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PROPERTY BEYOND EXCLUSION.
...In other cases, however, the owner's exclusion deprives a ...Personal property can also, if less commonly, confer monopoly power. Most goods are fungible ... Territoriality: The Perspective from Australia, 11 AM. ANTHROPOLOGIST 53, 60 (1975) ("An ...
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Petroleum Resource Management, How Governments Manage Their Offshore Petroleum Resources.
... The stated objectives "include identifying common features, strengths, and weaknesses" of the ore petroleum management systems in Australia, Norway, and the UK. All three countries issued ...offshore cases. . Carol Dahl, Professor Emeritus, Mineral and ...
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CIVIL SOCIETY: THE PULSATING HEART OF A COUNTRY, ITS SAFETY VALVE.
... in small groups to achieve joint or common goals. (9) The beginning of the Arab Spring in ...(25) Unfortunately these are not isolated cases, as civil society's actions are threatened by ... Sri Lanka, Indonesia, Papua New Guinea, Australia, New Zealand, South Korea, and Philippines. . ...
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Judicial comparativism and judicial diplomacy.
... is conducted that ranged from 60% of cases to "always." (122) The decision to research ... relatively little attention to courts from common law jurisdictions other than the U.S. Supreme ..., Japan, China, Spain, Russia, Australia, and Italy, but the list is not exclusive, and ...
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Patent law's functionality malfunction and the problem of overbroad, functional software patents.
...Software is commonly described as exceptional or different from other ... permissible scope of software patents in cases not involving means-plus-function claims. In a ... 2008 opinion in Aristocrat Technologies Australia v. International Game Technology, (246) the ...
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Recent Developments In Australian Climate Change Litigation: Forward Momentum From Down Under
Introduction Part I: Environment Protection And Biodiversity Conservation Act Of 1999 The Epbc Act's Terms Part II: Climate Change And Intergenerational Rights Case Law Reaching The Indirect Effects Of Development Regulating Coal Mining And Its Indirect Effects On Climate Change Conclusion: Next Steps In Climate Change Litigation Down Under
... Protocol.
2 These disparate climate change positions have a common denominator: coal.3 Australia is the world's fourth largest coal ...Through a series of cases,14 courts decided that EIAs required under the EPBC Act and ... -
Determining extraterritoriality.
...How should a court decide whether such cases involve extraterritoriality and trigger the .... In Morrison v. National Australia Bank Ltd., the United States Supreme Court ... Although cross-border shootings may not be common, it has become a sad fact of modern life that ...
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CHALLENGING THE STATUS QUO: AN INTEGRATED APPROACH TO DISMANTLING THE SCHOOL-TO-PRISON PIPELINE.
... in their suspension, expulsion, and in some cases, incarceration. (1) With limited exceptions, the ...(15) . A common-sense approach to the situation in Harter should ... in the early 1990s with initiatives in Australia."). Restorative Justice has been used to deal ...
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"Fast-Track" Strategies in Long-Term Public Disability Programs Around the World
This article examines fast-track procedures in long-term public disability programs in the United States and several other countries. Such procedures share a common goal of accelerating applicants—generally for those with severe disabilities, blindness, or facing terminal illness—through the disability determination process.
... fast-track (FT) procedures that share a common goal of accelerating applicants through various ... the survey: four robust responses (from Australia, Canada, Israel, and the United Kingdom) and two ... downloading of electronic folder data as cases move from one office to another throughout the ...
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The three (million) little pigs: why the United States must do more than huff and puff.
..., it will have to follow the lead of Australia, a nation that has managed, through legislation, ... grow much larger, beyond 800 pounds in some cases. (19) Many outlier weights result from the ...(59) Aside from these areas (common in Texas), aerial shooting is limited by cost, ...
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Do China's BITs matter? Assessing the effect of China's investment agreements on foreign direct investment flows, investors' rights, and the rule of law.
..., United Kingdom, Switzerland, and Australia BITs contained similar provisions prohibiting ... beyond de jure expropriation: the most common phrasing prohibits expropriation, ... that international tribunals will hear cases that began in Chinese courts. . Understanding how ...
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Climate change triage.
..., such as Garret Hardin's tragedy of the commons (5) or Aldo Leopold's land ethic, (6) provide ...(86) The average Australian, for example, emits over fifty times more carbon ... must be fair--it must treat relevantly like cases alike, leaving no room for 'influence' or ...
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THE LAW OF ABOLITION.
... and Gordon Hawkins identified three common themes that have characterized the abolition of ... to the death penalty in individual cases as early as 1950, by the late 1960's, a network ...at 152 (discussing Switzerland and Australia). . (15) See States With and Without the Death ...
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The Point of a Points System: Attracting Highly Skilled Immigrants the United States Needs and Ensuring Their Success
In a globalizing world, labor is an increasingly mobile and competitive resource. Responding to this changing labor market, countries like Canada, the United Kingdom, and Australia have adopted points systems with the goal of attracting talented, highly skilled immigrants. In the United States, however, much of the national focus on immigration remains on deterring illegal immigration rather than
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Plain packaging and the interpretation of the TRIPs agreement.
... of an explicit right to use is a feature common to most property rights, whether the property is ... at least), (201) but not the Australian statute. (202) WTO members implementing plain ... by the parties to the plain packaging cases. Independently of which party has the burden of ...
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From Human Rights Aspirations to Enforceable Obligations by Non-State Actors in the Digital Age: The Case of Internet Governance and ICANN.
... have attracted criticism and, in some cases, litigation. Civil society campaigns for policy ...Such commitments are particularly common when private actors perform regulatory and ..., Faculty of Law, UNSW Sydney, Australia. I am grateful for insightful comments that ...
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ADMINISTRATIVE CONSTITUTIONALISM AT THE 'BORDERS OF BELONGING': DRAWING ON HISTORY TO EXPAND THE ARCHIVE AND CHANGE THE LENS.
...(27) . In some cases, historians have also illuminated administrative ... Refugees, Freedmen, and Abandoned Lands--commonly known as the Freedmen's Bureau. (33) Established ... CHILDREN IN THE AMERICAN WEST AND AUSTRALIA, 1880-1940 (2009). For immigration history, see, ...
- An Australian Perspective on Non-International Armed Conflict: Afghanistan and East Timor
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Indigenous sovereignty: a reassessment in light of the UN Declaration on the Rights of Indigenous Peoples.
..." as a term of art when they analyze cases involving American Indian tribes or, as they ... as Brazil, (101) and modifications of the common law in Australia and other states. (102) ...
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Good TV Makes Bad Justice: How the Rules of Professional Conduct Can Protect Fair Trial Rights
When prosecutors share information related to a criminal investigation with media production companies, and the media companies broadcast that information in the form of true-crime reality shows before the accused has been tried, fair trial rights that serve as a cornerstone to the American judicial system are jeopardized. The history of American jurisprudence regarding balancing the media's...
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Ninth Circuit issues preliminary injunction recognizing activist conservation society as pirates.
... of scientific research." (7) In 1999, Australia laid claim to a region of the Southern Ocean ...In cases where established law addresses the appropriate ...While federal common law does not exist, there is a push among ...
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THE GLOBAL API COPYRIGHT CONFLICT.
...Singapore 631 F. Australia 631 IV. THE NEW MILLENNIUM 634 V. FREE TRADE ...cases relating to interoperability. (7) Both ACIS and ...First, the Commonwealth countries had to consider whether their ...
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The exceptional role of courts in the constitutional order.
... of the judicial role: those exceptional cases when the judge is called upon to pass judgment on ... considered the continuing applicability of common law rules to the law of Hong Kong. It decided ...(57) Similarly, in the Australian case of Sue v. Hill (58) the High Court declared ...
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611 F.3d 662 (9th Cir. 2010), 06-71652, Perdomo v. Holder
... to mean a group with members who " share a common, immutable characteristic" that " members of the ...We also note that Australia, Canada, and the United Kingdom have recognized ...
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Policing the firm.
... presumption against credit) in such cases. Hypothetically, where the offense occurs without ... use of corporate monitors is increasingly common in other areas of white collar crime, but does ..., (314) Chile's FNE, (315) and the Australian Competition and Consumer Commission. (316) . A ...