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Keywords: Supreme Court

  • INTERNATIONAL

    The UK decision to extradite Assange

    • Binoy Kampmark
    • 19 July 2022
    3 Comments

    The only shock about the UK Home Secretary’s decision regarding the extradition of Julian Assange was that it did not come sooner. In April, Chief Magistrate Senior District Judge Paul Goldspring expressed the solemn view that he was ‘duty-bound’ to send the case to Priti Patel to decide on whether to extradite the WikiLeaks founder to the United States to face 18 charges, 17 grafted from the US Espionage Act of 1917, and one based on computer intrusion.

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  • INTERNATIONAL

    America after Roe v Wade

    • Chris Middleton
    • 05 July 2022
    10 Comments

    The overruling of the Roe v Wade decision by the Supreme Court in the Dobbs decision marks a significant moment in the abortion debate, while highlighting the deep fissures in America’s body politic. Despite the fact that the Supreme Court ruling had been foreshadowed months ago, the shock has been real.

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  • AUSTRALIA

    The justice of Sir Francis Gerard Brennan

    • Michael Kelly
    • 16 June 2022
    1 Comment

    The Court in Mabo, where Brennan J led majority, put an end to the notion of Terra Nullius, by which the British could claim that land in Australia was ripe for the picking because it belonged to no one, and opened the claims to land ownership to a much wider group including the traditional owners. The follow-up judgement in Wik took that understanding even further.

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  • AUSTRALIA

    Stray thoughts: On Bernie Finn

    • Julian Butler
    • 03 June 2022
    1 Comment

    Bernie Finn is not a figure I would naturally warm to. He has a rambunctious, contrarian persona that grates. A few months ago, if you had said to me that he would be expelled from the Victorian Liberal Party, I would have imagined it would be for some position or action I find egregious. Instead, he has been expelled for a position I essentially share.

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  • RELIGION

    Roe vs Wade: The Bishops’ dilemma

    • Miles Pattenden
    • 26 May 2022
    5 Comments

    News leaked earlier this month that the US Supreme Court plans to overturn its most famous decision, that in Roe vs Wade (1973) which protects a pregnant woman's freedom to choose to have an abortion without excessive government restriction. The decision has attracted much criticism both in the past and now on account of its dubious legal reasoning – in particular, its attempt to link the right to abort to a right to privacy which itself was notional and not specified in the US Constitution.

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  • RELIGION

    I am unashamedly pro-life, but let me tell you what that means

    • Beth Doherty
    • 19 May 2022
    4 Comments

    I have always considered myself pro-life. It’s not something I’ve felt a need to wear as a badge of honour, rather it has always been a default position. But terminology matters. Indeed, frequently, calling myself pro-life has drawn the derision or raised eyebrows of people around me, nuns and priests and radical ratbags alike, it has connotations.

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  • AUSTRALIA

    Climate change and duty of care

    • Binoy Kampmark
    • 07 April 2022

    The children have been busy. On matters of environmental justice, Australia has witnessed much legal activity from youthful citizens who, despite in some cases not being old enough to vote, have stirred politics. In 2021, five lodged complaints with the United Nations over the failure of the Australian government to cut, in a meaningful way, greenhouse gas emissions by 2030.

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  • AUSTRALIA

    Religious discrimination and equality before the law

    • Frank Brennan
    • 22 February 2022
    35 Comments

    In recent days, if you were to listen to the media reports, you could be forgiven for thinking that religious educators want to retain a right to exclude children or teachers from their schools on the basis of their gender or sexual orientation.  Nothing could be further from the truth. Or nothing should be further from the truth. 

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  • AUSTRALIA

    Insights from Cardinal Newman on Religious Discrimination and Religious Freedom

    • Frank Brennan
    • 22 February 2022
    1 Comment

    In recent days, if you were to listen to the media reports, you could be forgiven for thinking that religious educators want to retain a right to exclude children or teachers from their schools on the basis of their gender or sexual orientation.  Nothing could be further from the truth. Or nothing should be further from the truth. 

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  • INTERNATIONAL

    Legitimised judicial captivity: The Assange case

    • Binoy Kampmark
    • 16 December 2021

    The legal pursuit of Assange is disturbingly unique not only for using an archaic law against a non-US national; it is also the first instance of an international application of it against a publisher. The law, if applied in the way suggested by the charges, criminalise the receipt, dissemination and publication of national security information, irrespective of motive. If the US Espionage Act 1917 were applied in this way, it would appear to subvert the free press provision in the United States Constitution.

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  • AUSTRALIA

    Prison time for perpetrators but justice eludes victim of modern slavery in Australia

    • Rebecca Dominguez
    • 02 August 2021
    4 Comments

    Last month, a man and a woman were sentenced to between six and eight years in jail for intentionally possessing and exercising the right of ownership over a slave between 2007 and 2015 in Mount Waverley, Victoria. After arriving in Australia from the Tamil Nadu province in India on a 30-day tourist visa, the woman’s passport was taken from her and she was forced to cook, clean and care for the couple’s three children on an average $3 per day. 

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  • RELIGION

    The weaponised Eucharist

    • Chris Middleton
    • 01 July 2021
    86 Comments

    The debate among American bishops around whether President Biden and other Catholic politicians should be denied Holy Communion because of their policies on abortion is an important and unsettling one. Let me say I think it would be a tragedy if the bishops were to venture down this path.

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