Date of publication: 2017-09-03 20:02
Over the winter break, I travelled to Geneva with 75 other Melbourne Law School students for the elective Institutions in International subject gives students the chance to consider the role of international institutions within the international legal order, while gaining valuable practical experience.
The constitutional objections are silly. However, because constitutional law is abstract and technical and because almost no one reads Supreme Court opinions, the conservative majority on the Court may feel emboldened to adopt these silly objections in order to crush the most important progressive legislation in decades. One lesson of Bush v. Gore , which did no harm at all to the Court’s prestige in the eyes of the public, is that if there are any limits to the Justices’ power, those limits are political: absent a likelihood of public outrage, they can do anything they want. So the fate of health care reform may depend on the constitutional issues being understood at least well enough for shame to have some effect on the Court.
A statute pointedly described as an “opaque, baroque maze of interlocking cross-references” is unlikely to represent an intelligent response to a fundamental failing in one of the most complicated and divisive areas of law. Yet, the Class Action Fairness Act (CAFA), ostensibly enacted by Congress to remedy purported abuses in class action litigation, created precisely such an uncertain rubric. This Essay considers and attempts to resolve CAFA’s profound and previously unaddressed shortcomi…
Governments must embrace social media and use it to engage with the public in what Melbourne Law School alumna and experienced company director Dr Nora Scheinkestel believes are disruptive times in which to govern.
Melbourne JD student Stephanie McHugh chose to study law for the intellectual rigour of it. Now, as she prepares to sit her final exams, Stephanie believes she has gained not only knowledge, but also the practical skills to make a positive impact in the world.
What are the legal issues for investors funding solar roof-tops? How will laws developed in the context of traditional energy generators work for small scale energy cooperatives? These are just some of the cutting edge legal questions being asked of students in Melbourne's Sustainability Business Clinic.
Erin O'Donnell, says damming Northern Australia should not come at the expense of sustainability. This radio interview underscores the ongoing public interest in water law and governance. Erin is a Senior Fellow at the University of Melbourne Law School, PhD Candidate and member of the Centre for Resources, Energy and Environmental Law (CREEL).
Environmental law researchers Erin O’Donnell and Julia Talbot-Jones discuss recent moves to give legal personhood to rivers in India, New Zealand and elsewhere.
**This is the second in a series of responses to Oona Hathaway and Scott J Shapiro's recent article, Outcasting , which appeared in the November issue of YLJ. For Joshua Kleinfeld's response, see here.**