| Papers [1-16] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "LAW AUSTRALIAN": |
|
|
Legal Positivism and Australian Law, 2004.
This paper defines the concept of legal positivism and examines how it is applicable in the Australian law arena.
1,766 words (approx. 7.1 pages), 5 sources, MLA, AU$ 61.95
»
Click here to show/hide summary
Abstract
This paper looks at how Australian law is very closely linked with legal positivism, since it revolves around the concept of power. It explains that the sovereign order is treated as the final word, which cannot be altered or amended. While the same is the case in the United States, the writer points out that there is some flexibility towards modern interpretations of law. The United States gives its judiciary enough freedom to interpret law according to the circumstances. The same is, however, missing from the Australian legal system where modern interpretations are often met with disapproval. It concludes that this is the essential difference between legal systems of the two countries, a difference that has turned Australian law into a more rigid and positivistic form of law.
From the Paper
"A law must be resistant to change for that is the whole purpose of implementing laws. However they must also be flexible enough to allow modern interpretation, which is unfortunately not the case in Australia and this, is what makes Australian constitutional law positivist in nature. In other words, when a law is so rigid that it cannot allow modern interpretation and fails to keep pace with changing times, it is said to be positivistic in nature. In such laws, the interpretation is rigidly limited and the original law cannot be molded to suit modern conditions and circumstances. While then United States constitutional law is also highly resistant to change, it is nonetheless flexible enough to allow Supreme and High Courts to seek modern interpretation. However that is not the case in Australia where constitutional law is the final word of authority and to allow the law to keep pace with changing times is seen as a threat to the constitution. A very apt example of this kind of rigidity of law can be seen in Bulun Bulun case of 1999.
In this case, the copyright Law of Australia was under consideration and it was found that the rigid interpretation of the law was closely connected with legal positivism. The painter John Bulun sought Court's help in combining customary law with the Copyright Act. Mr. Bulun Bulun wanted one of his paintings "Magpie Geese and Water Lilies at the Waterhole", to be seen as a work of co-authorship. He wanted his entire community to be the owner of this property since it was more in line with his customs and cultural beliefs.
Judge Von Doussa however refused to combine customary law with Copyright Law and decided to stay with strict interpretation of the law thus taking a positivistic approach as Bowrey (2001) explains: "It is difficult to ascertain whether or not von Doussa grasped the cultural implications that flow from his endorsement of these precedents about joint authorship. At key points in the decision closure to consideration of the indigenous point of view was achieved by using legal positivist interpretative practice. He identified the appropriate legal rule concerning joint authorship without reference to any discourse about the meaning of the terminology. Copyright law is "entirely a creature of statute"."
| |
|
Artificial Reproduction and Australian Law, 2002.
Provides an analysis on Australian law and how it pertains to parenting through artificial reproduction.
650 words (approx. 2.6 pages), 4 sources, AU$ 28.95
»
Click here to show/hide summary
Abstract
This paper examines how current applications of Australian law illuminate new changes in parenting forms and how they are adapted into the system. By using the Family Act of 1975, we will understand, along with other observations, how Australia is dealing with this issue.
| |
|
American and Australian Corporate Law, 2005.
This paper discusses standard of conduct, standard of review and duty of care in American and Australian corporate law by illustrating several cases.
3,695 words (approx. 14.8 pages), 13 sources, MLA, AU$ 111.95
»
Click here to show/hide summary
Abstract
This paper explains that, in most areas of law, standards of conduct and standards of review tend to be confused with each other: A standard of conduct enunciates the way in which an actor should play a role, act in his position or even conduct his functions; whereas a standard of review states the test that a court should apply when it reviews an actor's conduct so as to determine whether to impose liability, grant injunctive relief or determine the validity of his actions. The author points out that historically, the two major areas of American corporate law that involved standards of conduct and review have been the duty of care and the duty of loyalty. The paper relates that a typical corporation statute in American or Australia defining a corporate director's duty of care provides that a director's duties must be performed with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Table of Contents
Standard of Conduct and Standard of Review in Corporate Law
The Duty of Care in American and Australian Corporations
From the Paper
"In the landmark case of Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985), the the Delaware Supreme Court decided that directors who approved a merger transaction were simply not entitled to the presumptions of the business judgment rule where they spent a very negligible time considering the transaction, had no meaningful financial advice or analysis in doing so, completely allowed the negotiation process to be controlled by one of the company's executives, and did not even have the merger agreement before them when they approved it. Under these extenuating circumstances, the Supreme Court concluded that the directors breached their duty of care and could be held personally liable for the breach."
| |
|
Systems of Law, 2005.
This paper discusses the adversarial versus the inquisitional systems of law and the Australian system.
2,140 words (approx. 8.6 pages), 6 sources, APA, AU$ 72.95
»
Click here to show/hide summary
Abstract
This paper explains that the adversarial system of law, which is generally adopted in common law countries, relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. The author points out that the inquisitorial system, which is usually found on the continent of Europe among civil law systems derived from the Roman or Napoleonic Codes, has a judge or a group of judges who work together whose task is to investigate the case before them. The paper relates that Australia is not a pure adversarial system but rather has a range of tribunal systems other than the Australian criminal and civil courts that use more of an inquisitorial than an adversarial approach.
Table of Contents
The Adversarial System of Law
The Australian System
Conclusion
From the Paper
"Many researchers have described this basic psychological preference for adversarialism as an expression of the desire for process control or procedural fairness by those who otherwise cede decision control or outcome control to the court as a legitimate decision-maker. In other words, the ability to control how your legal dispute is described, how it is presented to an adjudicator, and the degree of opportunity (called 'voice') you have to present and control the narrative of your legal controversy, are highly important aspects of the popularity of adversarial justice."
| |
|
Law in the Context of Terrorism, 2003.
An analysis of the effects of recent terrorist activites on the validity and democracy of the rule of law in Australian society.
2,208 words (approx. 8.8 pages), 7 sources, MLA, AU$ 74.95
»
Click here to show/hide summary
Abstract
This research paper outlines some key effects of terrorism on the application of the rule of law. By outlining key historical events in conjuction with the practical analysis of the law and its connotations, one is able to see how terrorism may effect the validity of the law in a social, economic and political context.
From the Paper
"Terrorism is the largest threat to democracy the world has seen. The recent September 11 attacks on the World Trade Centre in New York and the Pentagon are often perceived as the beginning of a "never ending" war against terror. However, the perceptions of the qualities of a terrorist differ from person to person, which presents a conflict as to who really is a threat, and who is not. For example, the United States Department of Defence believes that a terrorist is a person or group who carries out an attack for a political, religious or ideological purpose whereas, in a time of war, a terrorist would be someone with only a "remote chance of achieving their aims"."
| |
|
Terra Nullius, 2005.
Examines the history of this law governing Australian ancestral land.
2,135 words (approx. 8.5 pages), 10 sources, MLA, AU$ 72.95
»
Click here to show/hide summary
Abstract
Terra Nullius ("Empty Land") was a law created in Australia in 1788, that denied recognition of land ownership prior to that date for anyone other than English and other white European settlers. This paper examines the rule from its implementation until 1992, when the Australian high Court handed down its infamous "Mabo" ruling which stated that the policy of Terra Nullius was not valid and that the Aborigines were the first true inhabitants of Australia.
From the Paper
"One example was that of John Koowarta, who obtained funds, partially through the Australian Federal government, to buy a cattle station in Central Cape York Peninsula. The owner of the station was willing to sell the property to him, but the Queensland government intervened to prohibit the sale. They refused to allow the transfer of pastoral lands, because their policy at the time was not to permit Aborigines to purchase land in isolation from the State government. Koowarta went to court, and won, with the court therefore pointing out that Queensland (and presumably other states) had valid racial discrimination laws."
| |
|
Communication and Law Firms, 2002.
Analysis of the methods employed by Australian law firms in communicating internally and externally.
2,070 words (approx. 8.3 pages), 12 sources, APA, AU$ 70.95
»
Click here to show/hide summary
Abstract
This paper examines the various methods of communication used by law firms in Australia - modern and classic. These include corporate persona, e-mail, websites, sponsorship, intranet, brochures and seminars.
From the Paper
"Arguably one of the most important assets of any institution is their ability to communicate with their designated market. Law firms in Western Australia are no different. For a firm to succeed they must establish appropriate mechanisms through which they can communicate, both internally and externally. Traditionally the preferred methods of communication where; written correspondence, telephonic conversations, and to a certain extent facsimile . Today, as one venture's into the technological era new mediums are being presented, permitting a more effective level of communication, with respect to time, cost and ease of use. These new methods of communication that allow a more effective transfer of information come in the form of the internet, namely web pages and electronic mail (e-mail). On top of the abovementioned revolutionary communication devices law firms are increasingly communication to the general public in less conventional ways, this includes the deliberate and complex construction of 'corporate persona', an increased involvement in sponsorship and via the provision of free seminars for employees and clients. Law firms in Western Australia are at a unique time period where they must confront, understand and embrace more effective and less traditional means of communication. The transition is currently underway and one can now identify that the most effective means of communication while having their flaws, come in the form of e-mail, web pages, corporate persona, seminars and sponsorship."
| |
|
The Merry-Go-Round of Australian Welfare, 2004.
An examination of current Australian refugee policy and how historical laws and moral imperatives have paved the way for strict and, some could argue, inhumane refugee laws.
2,519 words (approx. 10.1 pages), 14 sources, MLA, AU$ 82.95
»
Click here to show/hide summary
Abstract
This paper examines how Australia's often controversial refugee policy can be seen to reflect certain philosophies that determine who is allowed to enter Australia and who is not. It discusses the four main philosophies behind the policy: residualism; selectivity and targeting; 'deserving' and 'undeserving'; and blaming the victim (cf. structuralism). It also provides an examination of the current refugee laws, including current quotes from leading Australian politicians regarding refugees and Australian law.
Outline
Under the Big Top: Residualism, a 'Safety Net', the 'Ladder of Opportunity' and One White Monkey
A Volunteer From the Audience Please!: The Politics of Selectivity
Admission Prices: Who Gets In and What Your Ticket Gives You
Eeny Meaney Miney Mo: The Deserving Desirables of a Humanitarian Program
Beggars and Hecklers: The Price of Absent Security
Crowd Control: Moderating the Masses
Memoirs of a Mime: The Day the Crowd Fell Silent
Conclusion
From the Paper
"The first philosophy regarding welfare in Australia is undoubtedly the concept of residualism versus universalism, as this addresses from the very beginning whether welfare will be targeted only at individuals in need, as in the residualist model, or whether every citizen will be universally provided for regardless of income or standing. Historically, Australia has largely been a residual welfare state in accordance with its tendency to political conservatism emphasising individual self-reliance. Residualist welfare developed in Australia around the presumption of full employment; wage levels were guaranteed by the Harvester judgement relegating government welfare to the status of a 'safety net' for those men who experienced temporary unemployment. The key concept behind this residualist support for unemployed men however was the assumption of limited welfare; it was only intended as a safety net for short periods of time, to "break the fall towards destitution and sustain a man and his family while they help him climb the ladder of opportunity again.""
| |
|
Law and Police Powers, 2006.
A discussion regarding the role and function of the Australian police force, operating within the law.
2,527 words (approx. 10.1 pages), 15 sources, APA, AU$ 82.95
»
Click here to show/hide summary
Abstract
This paper discusses the role of the Australian police force and its power to operate within the law. The paper reports that Police officers, under the 'Police Powers and Responsibilities Act 2000', have become public officials. The paper further reports a rise in the number of people seeking assistance with public nuisance offenses, which are mostly are based on trivial factual scenarios. The paper goes on to explain that these offenses are arising not because of complaints from other citizens, but because the person's conduct is being interpreted by police as 'likely to interfere' with other people's enjoyment of a public space.
Outline:
Police Control and Power as a Subject of Controversy
Other Nations Struggle with the Problem of Broadened Police Power
How are the Laws Enforced?
Conclusion
From the Paper
"In other lands, the controversy over police powers has come up from time to time. Sometimes the public is quick to set matters straight and put only reasonable powers into the hands of the police. In most nations, police powers include licensing, inspection, zoning, safety regulations (which cover a lot of territory), quarantines, and working conditions as well as law enforcement under the realm of police enforcement. In short, police powers are the basis of a host of state regulatory statutes. "
"In the United States, citizens take a dim view of unbridled police powers. They were quite condemnatory of Samuel A. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in many cases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according to 400 pages of documents released in November of 2005 by the U.S. Justice Department. For instance, while working in the Office of Legal Counsel from 1985 to 1987, Alito wrote an opinion allowing the Internal Revenue Service to secretly record conversations with taxpayers who were under investigation. "
| |
|
Experiences of Refugees and Indigenous Australians, 2003.
A look at the similarities and differences in the experiences of refugees and indigenous Australians according to Australian literature and recent media attention.
1,841 words (approx. 7.4 pages), 15 sources, MLA, AU$ 64.95
»
Click here to show/hide summary
Abstract
A look at race relations in Australia in view of changing culture and how this is reflected in treatment of refugees, asylum seekers and indigenous Australians. Takes a look into the issues of land rights, the stolen generation, asylum seekers vs. 'genuine' refugees and detention centres.
From the Paper
"Issues surrounding refugees and Indigenous Australians have featured prominently in the media over the last few years, covering areas such as the growing ethnic diversity of Australia, asylum seekers and their right to settle, the treatment of detainees, the stolen generation, mandatory detention, land rights for Aboriginals and Indigenous health. Whilst it has to be said that this has greatly increased the general public's awareness of these issues, it is becoming increasingly apparent that everyday Australians seem willing to place their opinions on the rights and experiences of these two minority groups - refugees and Indigenous Australians - into the 'too hard' basket. Also, not knowing much about these two groups and their experiences means that most Australians form their perception of them from stories in the media and what they see on TV and in movies. Could this be contributing to the negative stereotypes and racist sentiment within our society - all too willing to refer to the stereotypes of ungrateful detainees burning down their quarters or the drunken Aboriginals in the middle of Victoria Square?"
| |
|
The 2001 Australian Federal Elections, 2002.
The paper discusses the 2001 Australian Federal Elections and the current issues faced by Australian politics.
2,570 words (approx. 10.3 pages), 9 sources, APA, AU$ 83.95
»
Click here to show/hide summary
Abstract
This paper describes the 2001 Australian Federal Elections and the challenges faced by the winning party, the Liberal Party. The issues discussed include health, defense, taxation and immigration. It gives a brief history of the party and its principle goals. The paper includes interviews with Afghan Australians and it discusses the detention centers. The paper describes how the Liberal Party plans to resolve these issues.
From the Paper
"The 2001 Australian federal elections had on its electoral list, the Liberal party, the Labor party, the National party, Australian Democrats, the Greens, the One Nation party and other smaller parties. The two major contenders were the Liberal Party winning the majority of the votes with more than 69 seats, and the Labor Party following closely with 66 seats. The smaller parties won the remaining seats."
| |
|
Fundamentals of Australian Democracy, 2001.
An analysis of the nature of the Australian government set forth by the Australian Constitution and reasons for disagreements over the style of government.
6,045 words (approx. 24.2 pages), 9 sources, AU$ 155.95
»
Click here to show/hide summary
Abstract
This paper poses two fundamental questions: 'what is the nature of government set forth by the Australian Constitution?' and 'why has there been such disagreement and disparity in the respective responses?' The paper is organized under the following headings: Organisation of a Liberal Democracy (Power, Legitimacy, Justice, Freedom) The Constitution (Hybridised Constitution, Constitutional-Institutional Relationships, Relationship - Monarchy / Governor-General, Relationship - The Executive, Relationship - Commonwealth / States, The Referendum Process), Australian Federalism, and Responsible Government (Convention versus the Constitution, The 'Washminster' Mutation, Credibility of the Responsible Government Model).
From the Paper
"According to Emy, "Australia is one of a small group of countries usually classified as liberal democracies. This is a distinctive type of democracy, one in which the ideas and values of a particular kind of Anglo-American liberalism have exercised a pervasive influence on the growth of political institutions over the past 150 years" (Emy & Hughes, 1988: 183). One of the first steps one can take in explaining how the Australian political system works, is to define the theory behind its operation, and to describe how its supposed to be organised. Therefore, we should give a brief account of 'liberalism' and 'democracy' insofar as these modes of thought have significantly influenced the overall shape and character of the Australian political system."
| |
|
Australian Market Analysis, 2002.
Analyzes the potential of the Australian market to introduce 'Yingyang' heat packs.
1,904 words (approx. 7.6 pages), 8 sources, MLA, AU$ 65.95
»
Click here to show/hide summary
Abstract
This report shows how the continuing strength of the Australian economy and the growing relationships between Australia and Asia, make Australia a primary and potentially profitable market for exporting the Yinyang line of heat packs. This analysis includes sections on Australian demographics; Australian economy; potential market; Australian import regulations; and legal considerations in setting up business in Australia.
From the Paper
"Duty is generally levied on the customs value of the goods, which may not necessarily be the same as the sale price. Another element that must be considered in our pricing negotiations is the GST (Goods and services tax) which has been in operation since 1 July 2000. GST is charged at a flat rate of 10% and is levied on the supply of goods and services that are connected with Australia and other transactions, including dealings in real estate, other property and rights. There are exemptions in relation to the supply of certain goods and services. For example, medical devices do not pay a GST, so there could be some benefit in calling our Yinyang devices medical supplies. GST is essentially a value added tax. Tax is paid at each step along the chain of transactions involving the goods or services until the end user is reached, and broadly speaking, tax is paid on the value added. It is the consumer or end user who ultimately bears the tax."
| |
|
Cross-Media and Foreign Ownership Laws, 2006.
The relaxation of cross-media and foreign ownership laws in Australia.
4,271 words (approx. 17.1 pages), 11 sources, MLA, AU$ 122.95
»
Click here to show/hide summary
Abstract
This paper discusses the relaxation by the Australian authorities of cross-media and foreign ownership laws. The debate seems to balance out as to the number of the pros and cons and the weight of the arguments of each side. However, sifting through the arguments the paper shows that they meet halfway on the need to protect media against excess concentration of power and foreign influence. On these concerns, the Australian government seems to draw lessons from the media liberalization programs of other developed countries, which are allowing cross-media ownership and foreign participation up to more manageable limits and only in specific media areas where activities are calculated to pose lesser risks. The paper concludes that the problem is that, despite these safeguards, people will always look at media deregulation with suspicion and misgiving because of the sensitive nature of this industry.
From the Paper
"After Lord Morley left journalism to join government service in the early stages of the development of media in UK, there is an oft-quoted remark made to him by Kennedy Jones, co-founder of the venerable Daily Mail. "You left journalism a profession. We made it a branch of commerce," Jones told Morley. The equally famous rejoinder was: "The more, the pity." One view in effect exults that media has evolved into a business proposition, where profit takes precedence over its traditionally loftier priorities. The other opinion looks with sadness at such commercialization of journalism, implying that this is inimical to public interest.
That pithy exchange from the past captures the essence of the present-day debate in Australia triggered by the government announcement of plans to deregulate media after 20 years of controls on foreign ownership and cross-media transactions. The Morley-Jones clash of views between the public service and business orientation of media deferred to old UK conditions, but the same hairsplitting still rings true today and continues to reverberate throughout the world as economic opportunities diminish and competition for scarce resources tighten up. Since almost all sectors of national economies have been served up for foreign interests in the universal drive to generate much-needed foreign investment, governments in many parts of the world, both developed and underdeveloped, are fixing their attention on the media industry as the last remaining enticement for foreign investors. As Australian Sen. Ron Walker puts it: "Media has become the last major industry begging for reform to bring it to the 21st century." By inference, the senator is batting for a new scheme that would keep Australian media in step with the times by allowing foreign investment into the arena."
| |
|
Cross-Media and Foreign Ownership Laws, 2007.
This paper discusses Australia's relaxation of cross-media and foreign ownership laws.
4,270 words (approx. 17.1 pages), 12 sources, MLA, AU$ 122.95
»
Click here to show/hide summary
Abstract
This paper explains that 2007 Australian business reforms welcome foreign media players and allow local media groups, already in place, to merge into cross-media ownership: the simultaneous ownership of television, radio and newspaper licenses and other media platforms. The author points out that the main purpose of these reforms are to maximize the business benefits of the operations of media. The paper stresses that media ownership around the world is seen as a reflection of a nation's political conditions, such as democratic countries by rights allow pluralism of ownership as exemplified by the more liberal foreign ownership laws and cross-media mergers in U.K., Canada, Germany, New Zealand and Japan.
Table of Contents:
Introduction
Foreign Ownership of Media
Cross-Media Transactions
Rationale for Reform
Framework of Reform
Global Trends in Media Deregulation
Discussion and Conclusion
From the Paper
"There are no existing restrictions on media ownership for both foreign and local entities in New Zealand, Sweden and Finland. Japan previously prohibited a single firm from owning more than one TV stations but this law had been lifted. Italy and Germany are an interesting study since both countries have sternly avoided the concentration of media ownership in a few hands but this rule is followed more in the breach than in the observance. In the US, cross-media ownership of a TV license, radio franchise and newspaper is not allowed for a single person, especially in markets with three TV stations or less."
| |
|
The Refugee Crisis and Threat to Australian National Identity, 2003.
A look at how the current refugee 'crisis' challenges the dominant understandings of Australian national identity.
2,250 words (approx. 9.0 pages), 13 sources, MLA, AU$ 75.95
»
Click here to show/hide summary
Abstract
This paper takes a look into the true definition of a refugee and the Australian government's stance on 'boat people' - also referred to as asylum seekers - and their policy on unauthorised arrivals. Mention is made of the condition of Australia's detention centres, and some of the conundrums faced when determining the fate of illegal immigrants. Is it fair to give a place reserved for a genuine refugee to those who do not come via established means? Additionally, the paper looks at the everyday Australian's view on multiculturalism with reference to imagined communities and the old White Australia Policy. Clearly the influx of refugees has changed the way Australians view themselvs as a nation and led many people to re-examine Australia's cultural and social makeup.
From the Paper
"As Australians, we have all been touched by the recent refugee crisis in some way or another, with an increased influx of asylum seekers coming to our shores over the last few years. Indeed it is a human tragedy that people can be so desperate to flee their homeland that they are willing to travel thousands of kilometres across land and sea, eventually culminating in a 'passage of terror' on an unsafe boat that more than likely would be carrying three to four times the normal number of passengers. The arrival of these 'boat people' has caused of a division within our society - those who are accommodating to the fact that these people have fled their county and should be allowed to stay, and those who believe that an influx of so called 'illegal' refugees will lead to a perceived loss of national identity - who want them to be sent back where they came from if no sufficient enough reason is forthcoming. The plight of international refugees is a cause for global concern, however understanding the key issues can be difficult for those with little background knowledge."
|
|
|
