Category Archives: Law

In 2019, Police Officer Amber Guyger was convicted of the murder of Botham Jean in a 2017 case in which she entered his apartment and shot him thinking he was an intruder in her own nearby apartment, according to her testimony. Guyger was convicted and sentenced to 10 years in prison. The younger brother of Botham spoke in court after the conviction was read stating that he forgave Guyger and requested that he be allowed to hug her, which he did.

Here is a video news report on it: LINK (Links to an external site.).

Here is a video of Tervor Noah’s comment and views on the case: LINK (Links to an external site.).

[1] What is your response to what Brandt Jean, brother of the murdered Botham….

Imagine your area is in a state of emergency and you are concerned about the balance of liberty and security as people try to return to their normal lives, recover what was lost, and rebuild what was destroyed. Compose an email you could send to elected officials to voice your concerns. Your email should include positions on two of the potential issues related to civil liberties found below.

Template

Instructions: Replace the information (in parentheses) with your own thoughts and information from the lesson.

Hello ________ (name of one of your elected officials at the local, state, or national level) ____,

(Write paragraph one here. Paragraph one should address why rights are not absolute. Explain how the Constitution safeguards and limits individual rights.)

(Paragraph two should address one of….

In Mineralogy Pty Ltd v Western Australia (2021) 95 ALJR 832 and Palmer v Western Australia (2021) 95 ALJR 868, the High Court dismissed a challenge to Western Australian legislation which retrospectively divested Clive Palmer and his companies of arbitral awards worth an estimated $30 billion, without compensation. In Mineralogy at [70], the plurality noted and dismissed an argument that the legislation exceeded the scope of State legislative power because it offended limitations “concerning the rule of law and deeply rooted common law rights”.

Do the limitations on State legislative power asserted by Mr Palmer and his companies exist and what are the arguments for and against their recognition in Australian constitutional law?

Marks: 15%

Part B

Captain Sparrow is an environmentally conscious part-time law student who enjoys boating on the weekend. In January….

In Mineralogy Pty Ltd v Western Australia (2021) 95 ALJR 832 and Palmer v Western Australia (2021) 95 ALJR 868, the High Court dismissed a challenge to Western Australian legislation which retrospectively divested Clive Palmer and his companies of arbitral awards worth an estimated $30 billion, without compensation. In Mineralogy at [70], the plurality noted and dismissed an argument that the legislation exceeded the scope of State legislative power because it offended limitations “concerning the rule of law and deeply rooted common law rights”.

Do the limitations on State legislative power asserted by Mr Palmer and his companies exist and what are the arguments for and against their recognition in Australian constitutional law?

Marks: 15%

Part B

Captain Sparrow is an environmentally conscious part-time law student who enjoys boating on the weekend. In January….

In Mineralogy Pty Ltd v Western Australia (2021) 95 ALJR 832 and Palmer v Western Australia (2021) 95 ALJR 868, the High Court dismissed a challenge to Western Australian legislation which retrospectively divested Clive Palmer and his companies of arbitral awards worth an estimated $30 billion, without compensation. In Mineralogy at [70], the plurality noted and dismissed an argument that the legislation exceeded the scope of State legislative power because it offended limitations “concerning the rule of law and deeply rooted common law rights”.

Do the limitations on State legislative power asserted by Mr Palmer and his companies exist and what are the arguments for and against their recognition in Australian constitutional law?

Marks: 15%

Part B

Captain Sparrow is an environmentally conscious part-time law student who enjoys boating on the weekend. In January….

TOPIC: Physician-Assisted Suicide Should Be Legal.

1.Describe The Assignment And Explain The Purpose Of A Persuasive Speech.

2. Explain The Historical Context Of Your Topic. (For Example, If Your Topic Is The Death Penalty.)

3. Describe The Steps You Took To Analyze The Audience For Your Persuasive Speech. How Did You Apply Your Audience Analysis To

TOPIC: Physician-assisted suicide should be legal.

1.Describe the assignment and explain the purpose of a persuasive speech.

2. Explain the historical context of your topic. (For example, if your topic is the death penalty.)

3. Describe the steps you took to analyze the audience for your persuasive speech. How did you apply your audience analysis to your speech?

4. Describe two opposing perspectives that you encountered while researching for this….

In ‘Criminal Law and Cyberspace as a Challenge for Legal Research’ (2012) 9(3) Scripted, B-J Koops argues that (notes omitted):

Cyberspace should interest everyone who is involved in criminal law. The classic view of cybercrime, centred on the lonesome, nerdy hacker, is largely based on fiction, a fiction from the 1980s and 1990s. Reality has changed dramatically, causing a step-change in cybercrime and its consequences for the ‘real world’. Cybercrime is no longer about peer reputation among whiz kids, it’s all about money — big money. A considerable black market caters for all kinds of criminals, where you can buy a bunch of credit-card numbers (including the codes on the back) for a couple of dollars, or rent a network of zombie computers for an hour to spread….

In introducing the draft provision that was later enacted as s 477.3 (Unauthorised impairment of electronic communication) of the Criminal Code Act 1995 (Cth), the report of the Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General, Chapter 4 — Damage and Computer Of ences and Amendments to Chapter 2: Jurisdiction, January 2001, pp 171–3, noted that the offence:

… has an extremely broad band of application, from harms which are transient and trifling to conduct which results in serious economic loss or serious disruption of business, government or community activities. The prohibition would be breached by conduct which impaired communication of a single message of no importance.

Given that the offence carries a maximum penalty of imprisonment for 10 years, how are different levels of….

A Bergin and C Ungerer, ‘Homeward Bound: Australia’s New Counter-Terrorism White Paper’, Australian Strategic Policy Institute (ASPI), Policy Analysis no. 57, March 2010, note:

There are more than 4,000 terrorist-related websites worldwide. Ideas cross borders through cyberspace. We aren’t going to ban our way out of this problem. Cyberspace affords individuals access and anonymity in an extremist environment and the ability to find like-minded extremists in thousands of chat rooms and social networking sites.

To what extent can any government respond to online terrorist propaganda without compromising the availability and use of the Internet for legitimate, however contentious, political discussion and debate? How and where should the dividing line between free speech and community safety be made?

In J E Cohen, ‘Pervasively Distributed Copyright Enforcement’ (2006) 95 Georgetown Law Journal (online), the author suggests that:

In an effort to prevent online copyright infringement and protect established business models, the major copyright industries have developed and aggressively pursued a portfolio of strategies designed to implement a regime that I will call pervasively distributed copyright enforcement. These strategies rely on a range of tools including technologies that restrict the range of permitted information use, contractual regimes for authorizing ‘compliant’ implementations of those technologies, legal prohibitions against interfering with the resulting techno-contractual regimes, other legal rules broadly distributing responsibility for policing communications networks, and publicly inculcated norms of appropriate user behavior. In aggregate, they are designed systematically to shift the locus of control over intellectual consumption and communication….