Analysis

Senate Bill 8: Genius, or devious?

Senate Bill 8: Genius, or devious?

Senate Bill 8, otherwise known as the ‘Texas Heartbeat Act’, went into effect on the 1st of September 2021. This newly passed Texan abortion law offers a bounty of $10,000 USD to anyone suing clinics, doctors, nurses, abortion providers and other residents who knowingly or intends to ‘aid or abet’ the performance or inducement of an abortion.

The Rocky Saga of Auer: The Rise and Fall of the Deference Doctrines

The Rocky Saga of Auer: The Rise and Fall of the Deference Doctrines

When Justice Stevens, writing for the majority in Chevron U. S. A Inc. v Natural Resources Defence Council, 467 U.S. 837 (1984), laid down the principles of what later became known as Chevron deference, he likely did not consider that the Court was doing anything remarkable. However, contrary to that assumption, the Chevron decision has since become a bedrock of American jurisprudence. In addition, there exists another less well-known, yet equally significant doctrine, that compels courts to give the federal agency the highest deference when interpreting its own regulations—this is the Auer deference

The Chevron Decision: The Unknown Enemy of the American Right

The Chevron Decision: The Unknown Enemy of the American Right

Ex-president Donald Trump’s recent nomination of US Court of Appeals judge Amy Coney Barrett to the Supreme Court following the death of Justice Ginsburg sparked global concern of a reversal of progressive decisions in many landmark US cases. In particular, the media has homed in on cases which deal with current social-political issues—such as Roe v Wade, 410 U.S. 113 (1973)—as decisions that might be reconsidered. Yet, while these cases are undoubtedly important, there are many significant decisions which, though targeted by conservatives since they were decided, remain overlooked by the international community. Most notably is Chevron U. S. A Inc. v Natural Resources Defence Council, 467 U.S. 837 (1984), a case long criticised by the American right, and which will be the focus of this article.

Emojipedia in Court

Emojipedia in Court

Modern problems require modern solutions, as Justice Gibson recently discovered while delivering the preliminary judgment in Burrows v Houda [2020] NSWDC 485. In what may be one of the first Australian cases concerning the possibility of defamation by emoji (specifically a zipper face emoji on Twitter), the learned judge stated that “the nature of modern communications makes consultation of internet dictionaries, such as Emojipedia, a necessary step for the trier of fact who seeks to determine what the ordinary reasonable Twitter reader would make use of these symbols”.

#FreeBritney: What is a conservatorship?

#FreeBritney: What is a conservatorship?

For 12 years, a legal arrangement has restricted pop star Britney Spears’ autonomy over her personal and financial affairs.

Spears was placed under a conservatorship by the Los Angeles Superior Court in 2008 after experiencing public breakdowns.

Her father, Jamie Spears, has been her conservator since then but stepped down in 2019 for health reasons. He has been temporarily replaced by her manager, Jodi Montgomery.

So what is a conservatorship, and why are people demanding to #FreeBritney?

The incoming global debt crisis requires a truly collective response

The incoming global debt crisis requires a truly collective response

From Argentina to Zambia, states are struggling to overcome the economic impacts induced by COVID-19.

Plummeting export demand and commodity prices are driving sub-Saharan Africa towards a projected GDP growth rate of -1.6%, the worst on record. Meanwhile, for the tourism-dependent haven of the Maldives, the evaporation of international travel is expected to halve the government’s total tax revenue this year. Compared to the start of 2020, when the IMF projected positive per capita income growth in 160 countries, the IMF is now warning that 170 countries could experience negative growth.

In this together

In this together

The theme for Reconciliation Week 2020 could not be more apt. When Reconciliation Australia announced the theme in January, our sacred lands were ablaze, and we faced a national crisis of epic proportion. Our politicians argued back -and -forth on the cause of fires, while communities themselves were unified by the disaster. Attention turned to First Nations perspectives of sustainable land management which presented the opportunity to reinvigorate the dialogue for constitutional reform. However, another crisis has replaced this summer’s fires, affecting us on a global scale.

How advertising stalks your life: privacy law and your online presence

How advertising stalks your life: privacy law and your online presence

Ever seen ads for products you’ve literally just clicked away minutes ago, floating on your Facebook feed? Or suddenly flooded by cheap flights to Bali in Gmail and across a bevy of other websites after looking them up? This is the world of digital marketing, where every click, tap and hover are recorded and sold to advertisers.

Ear Hustling

Ear Hustling

Ronnel Draper, also known as Rauch, is a hopeless animal lover. The connection he experiences with animals is unlike any relationship he has developed with another human being throughout his entire life. Rauch is happy with anything he can get his hands on and can keep inside discreetly. Subtlety is key – he has lost many of his critters in the past, because pets are forbidden in prison.

Law in Crisis

Law in Crisis

The scale of change is unrecognisable to many of us. Narratives which have gone on volubly for decades have been rudely interrupted. Joining global efforts, federal and state governments have clamped down on public life. Legislated stimulus worth nearly 10% of GDP, broad shutdowns of social gathering and travel, and penalties for breaches backed up by an enlarged police presence in NSW.