common law cases australia
- Tidying up the Internet: Takedown of Unauthorized Content under Copyright, Trademark, and Defamation Law
... of involuntary migrants, as well as common state practice on these issues. Addressing these ..., CERD has found that Article 1 may apply to cases involving religious discrimination where the ... Canada (20,000 resettled refugees), and Australia (9,400 resettled refugees) resettled the largest ...
First-time offender, productive offender, offender with dependents: why the profile of offenders (sometimes) matters in sentencing.
... operating in the United States and Australia. The sentencing regimes in these jurisdictions ve many commonalities (principally because they have the same ... in fact also refer to atypical or unusual cases where the normal operation of an aggravating or ...
Rethinking the law firm organizational form and capitalization structure.
...(5) Movements in Australia and the United Kingdom to liberalize law firm ... this out, enabling firms to take on risky cases or contingency-fee cases with high pay-off ...5.6(a) (2012). . (43.) The most common triggering events of law firm collapse include: ...
Life is better in the land down under: Australian treatment of GM contamination and why it should be followed in the United States.
...(6) Some recently published articles have examined the common law claims of nuisance, trespass, and negligence and concluded that these ... to Australian regulation and its recent handling of contamination cases in order to hightlight the strengths of the US common law system currently ...
833 F.3d 74 (2nd Cir. 2016), 14-0826(L), Chevron Corp. v. Donziger
... York common law. See 974 F.Supp.2d 362 (2014). Appellants. ...Australia, a brief for Amici Curiae. International ...As is common practice in nonjury cases. in federal court in the Southern District ...
- Proof Beyond a Reasonable Doubt: A Balanced Retributive Account
Currents - Energy Industry Insights: Issue 27, July 2020
Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of global warming do not want to litigate in state court. In case after case, when localities have filed climate change suits in state court, oil company defendants have
Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
Prospects for comprehensive immigration reform look dim in light of past failures to enact legislation, such as the DREAM Act, and a continued period of divided government placing a skeptical Republican Congress in opposition to a sympathetic Democratic President. With legislative fixes for the United States' immigration system unlikely in the near future, the Obama Administration will continue...
Antitrust Enforcement Against Platform MFNs.
...U.S. government enforcers have brought cases in healthcare, digital goods, and payment ...(4) Providers commonly offer their products or services on multiple ... MFNs in the United States, Europe, and Australia). . (31.) Consolidated Version of the Treaty on ...
Jus cogens and sovereign immunity: reconciling divergence in contemporary jurisprudence.
... claim immunity from responsibility in civil cases for acts of torture allegedly perpetrated but not ...(210) . This procedural commonality between international and domestic proceedings is ... Jones, namely in New Zealand (270) and Australia, (271) that immunity ratione materiae is ...
PUBLIC CAPITAL BUDGETING AND MANAGEMENT: THE CONCEPT AND ITS APPLICATION IN THREE IMPORTANT FEDERATIONS.
... properly, the process contributes to the common good. When it malfunctions, the public can be ... being always significant in five cases (the USA, Germany, Canada, Belgium and Sweden), ... in three cases (the UK, Norway and Australia), and sometimes significant in the last three ...
READY, PRINT, FIRE! REGULATING THE 3D-PRINTING REVOLUTION.
...In 2015, New South Whales, Australia enacted a bill that made it a crime to possess ... are two primary versions of what is commonly referred to as the precautionary approach. (49) ...-handed actions that federal or, in some cases, state lawmakers could take to address the risks ...
747 F.3d 339 (6th Cir. 2014), 12-6118/6201, CNA Insurance Co. v. Hyundai Merchant Marine Co., Ltd.
.... . " Common carrier liability" at common law was " of an ...." Unfortunately, the Court's ensuing cases concerning the Carmack Amendment confused as much ... bills for an import of goods from Australia to Alabama via the port at Savannah, Georgia. The ...
Authoritarianism has been undergoing a metamorphosis. Historically, authoritarians openly repressed opponents by violence and harassment and subverted the rule of law to perpetuate their rule. The post- Cold War crackdown on these transparently authoritarian practices provided significant incentives to avoid them. Instead, the new generation of authoritarians learned to perpetuate their power...
Preventing conflict or descending an iron curtain? Buffer-zone laws and balancing histories of disruption with free speech.
..., and points out that results in buffer-zone cases often turn on a law's necessity. It argues that ... the United States colonial period, in Australia, and in some European countries. (142) These ...common sense," it provided this "link" by observing the ...
- Beyond R2P: A Proposed Test for Legalizing Unilateral Armed Humanitarian Intervention
The Role of Costuming in Two Pre-wedding Rituals for Women in Northern Scotland.
... bride with accessories was generally more common than clothing the bride. The dictionary ...We will also see that, in some cases, these purposes have changed with time. . The ... parties, one in the UK, the other in Australia, where she was living at the time. Here she talks ...
- Comparative Jury Procedures: What a Small Island Nation Teaches the United States About Jury Reform
A comparative look at plea bargaining in Australia, Canada, England, New Zealand, and the United States.
ABSTRACT . In a world, where the vast majority of criminal cases are resolved through some means other than the popularly depicted criminal ... Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England, New Zealand, and the United ...
PANDORA'S DIGITAL BOX: THE PROMISE AND PERILS OF DIGITAL WALLETS.
...(In some cases, the wallet is both bank-and brand-specific.) ...Still, as Chip transactions become more common, fraudsters are likely to concentrate their ... mandates in Europe, Canada, and Australia. (130) . Even without technology mandates, ...
Reconciling Transnational Jurisdiction: A Comparative Approach to Personal Jurisdiction over Foreign Corporate Defendants in US Courts.
... difficult enough to comprehend in domestic cases, proves particularly daunting in the ...The common terminology in many civil law jurisdictions is ...(152.) See Morrison et al. v. National Australia Bank Ltd. et al., 561 U.S. 247, 270 (2010) ("some ...
Exclusivity Without Patents: The New Frontier of FDA Regulation for Genetic Materials
Over the last twenty years, the legal and scientific academic communities have been embroiled in a debate about the patent eligibility of genetic materials. The stakes for both sides could not be higher. On one hand are the potential multi-billion dollar profits on the fruits of research (from newly discovered genes), and on the other is scientists’ ability to continue and expand research into...
- The Federal Trade Commission as an Independent Agency: Autonomy, Legitimacy, and Effectiveness
Renewable Energy Targets in the Context of the EU ETS: Whom do They Benefit Exactly?
... emission reductions by cap-and-trade in Australia. The authors find a moderately progressive ... good electricity which is traded at a common market price. The production technologies differ ...C[O.sub.2] emission rights are in both cases modelled as a commodity in fixed supply. ...