Cyber bullying in schools and the law : is there an effective means of addressing the power imbalance?

Cyber bullying – or bullying through the use of technology – is a growing phenomenon which is currently most commonly experienced by young people and the consequences manifested in schools. Cyber bullying shares many of the same attributes as face-to-face bullying such as a power imbalance and a sense of helplessness on the part of the target. Not surprisingly, targets of face-to-face bullying are increasingly turning to the law, and it is likely that targets of cyber bullying may also do so in an appropriate case. This article examines the various criminal, civil and vilification laws that may apply to cases of cyber bullying and assesses the likely effectiveness of these laws as a means of redressing that power imbalance between perpetrator and target.

A nod to consent : in step with the UCPR

This article considers the decision of Robin DCJ in CTP Manager Limited v Ascent Pty Ltd [2011] QDC 74 and the likely impact of the decision on the practice in the court registries in similar circumstances.

In conversation with the Honourable Ian Callinan AC

When, in 1977, the Australian electorate provided a double majority to effect a change of section 72 of the Commonwealth Constitution requiring judges of the High Court of Australia to retire at the age of 70 years old, I doubt we understood the continuing capacity of these esteemed members of the judiciary. For the opportunity to sit and talk with Ian Callinan AC who, in compliance with that amendment, retired from the High Court in September 2007, I needed to wait until he returned from The Hague where he was sitting as a Judge ad hoc on the International Court of Justice. Although a native of Casino, New South Wales, Mr Callinan is regarded as a Queenslander. Indeed, he grew up in Brisbane, finished high school at Brisbane Grammar and graduated in law at The University of Queensland. Appointed in 1978 as a Queen’s Counsel, Mr Callinan enjoyed this period of his legal career and we discussed an aspect of the Christopher Skase case, which reinforced my belief that Mr Callinan is an incredibly skilful advocate. On 14 September 1998, ABC Four Corners broadcasted the views of some prominent Australians on the appointment of Mr Callinan to the High Court. In assessing the type of person Mr Callinan is, Tony Morris QC said: “Ian Callinan isn't a coward”, while former Commonwealth Attorney-General, Michael Lavarch, said: “He was regarded as an absolutely outstanding criminal lawyer within the Queensland legal profession, I mean really a top-notch advocate”. I was not interested in raising any of the controversial issues that Mr Callinan has encountered as an advocate in high profile matters. I wanted to know how he felt about his time on the High Court, what his thoughts are on the operation of the High Court, the IP cases he decided, the real life issues that he feels impact on counsel who are appearing before the High Court and the people he regarded as role models. During our conversation, Mr Callinan laughed often and when he did his eyes lit up, revealing his passion for life. He is an incredibly genuine Australian who loved his time as a barrister, enjoyed his role on the High Court, enjoys his current job as mediator, loves writing novels, has a great desire for continual improvement in the quality of legal education and legal advocacy and sees a need for change in IP law. When I asked: “So, what might the future hold for you?”, he laughed and said: “Well, at my age I don’t have a long horizon time”. I said: “Just enjoy the journey?”, to which Mr Callinan responded: “Exactly”.

Sovereignty, Article 4(2) TEU and the Respect of National Identities: Swinging the Balance of Power in Favour of the Member States?

The question of whether and to what extent sovereignty has been transferred to the European Union (EU) from its Member States remains a central debate within the EU and is interlinked with issues such as Kompetenz-Kompetenz, direct effect and primacy. Central to any claim to sovereignty is the principle of primacy, which requires that Member States uphold EU law over national law where there is a conflict. However, limitations to primacy can traditionally be found in national jurisprudence and the Maastricht Treaty introduced a possible EU limitation with the requirement that the EU respect national identities of Member States. The Lisbon Treaty provided only minimal further support to the principle of primacy whilst simultaneously developing the provision on national identities, now found within Article 4(2) TEU. There are indications from the literature, national constitutional courts and the Court of Justice of the EU that the provision is gathering strength as a legal tool and is likely to have a wider scope than the text might indicate. In its new role, Article 4(2) TEU bolsters the Member States’ claim to sovereignty and the possibility to uphold aspects crucial to them in conflict with EU law and the principle of primacy. Consequently, it is central to the relationship between the constitutional courts of the Member States and the CJEU, and where the final elements of control remain in ‘hard cases’. However, it does so as part of EU law, thereby facilitating the evasion of direct fundamental conflicts and reflecting the concept of constitutional pluralism.

Fitness to stand trial : how discourses of rationality, reasonableness and culpability inform the law and psychiatry to create standards of normal

The objective of this thesis is to demonstrate the importance of the concepts of rationality, reasonableness, culpability and autonomy that inform and support our conception of both the person and the punishable subject. A critical discourse analysis tracing these concepts through both the law and psychological tools used to evaluate the fitness of a person reveals that these concepts and their implied values are inconsistently applied to the mentally disordered who come into conflict with the law. I argue that the result of this inconsistency compromises a person's autonomy which is a contradiction to this concept as a foundational principle of the law. Ultimately, this thesis does not provide a solution to be employed in policy making, but its analysis leaves open possibilities for further exploration into the ways legal and social justice can be reconciled.

Laurentide ice streaming on the Canadian Shield: A conflict with the soft-bedded ice stream paradigm?

Elucidating the controls on the location and vigor of ice streams is crucial to understanding the processes that lead to fast disintegration of ice flows and ice sheets. In the former North American Laurentide ice sheet, ice stream occurrence appears to have been governed by topographic troughs or areas of soft-sediment geology. This paper reports robust evidence of a major paleo-ice stream over the northwestern Canadian Shield, an area previously assumed to be incompatible with fast ice flow because of the low relief and relatively hard bedrock. A coherent pattern of subglacial bedforms (drumlins and megascalle glacial lineations) demarcates the ice stream flow set, which exhibits a convergent onset zone, a narrow main trunk with abrupt lateral margins, and a lobate terminus. Variations in bedform elongation ratio within the flow set match theoretical expectations of ice velocity. In the center of the ice stream, extremely parallel megascalle glacial lineations tens of kilometers long with elongation ratios in excess of 40:1 attest to a single episode of rapid ice flow. We conclude that while bed properties are likely to be influential in determining the occurrence and vigor of ice streams, contrary to established views, widespread soft-bed geology is not an essential requirement for those ice streams without topographic control. We speculate that the ice stream acted as a release valve on ice-sheet mass balance and was initiated by the presence of a proglacial lake that destabilized the ice-sheet margin and propagated fast ice flow through a series of thermomechanical feedbacks involving ice flow and temperature.

A treatise on the law of copyholds and of the other tenures (customary and freehold) of lands within manors; with the law of manors and manorial customs generally, and the rules of evidence applicable thereto; including the law of commons or waste lands; and also the jurisdiction of the various manorial courts.

Mode of access: Internet.

The marriage law of England : a practical treatise on the legal incidents connected with the law of constitution of the matrimonial contract, with an appendix of statutes, summary of colonial marriage laws, and other information /

Includes index.

How to advertise consumer credit : complying with the law.

"January 1990"--P. [4] of cover.

The sexual assault evidence submission plan, in accordance with the Sexual Assault Evidence Submission Act, PA96-1011, Section 20 /

A second major change mandates all law enforcement agencies to submit for analysis all criminal SA cases in their possession which had not previously been submitted to a forensic laboratory (Section 20 of the Act). To determine the impact of Section 20 on the forensic laboratories, the ISP established mechanisms for agencies to submit an inventory list of SA cases in their custody by October 15, 2010. The ISP then distributed each agency's list to the forensic laboratory to which the agency would normally submit cases. Each laboratory would then clarify information and resolve questions with the agency, as necessary. As of February 1, 2011, of the 999 law enforcement agency offices required to submit an inventory list to the ISP, 860 (or 86 percent) complied ... Based on the information from the compliant agencies, approximately 4,143 criminal SA cases are anticipated to be submitted pursuant to Section 20 of the Act.

Resolutions of the Institute of international law dealing with the law of nations, with an historical introduction and explanatory notes;

Includes Manual of the laws and customs of war on land, adopted at the Oxford meeting of the Institute, 1880 (p. 25-42) and Manual of the laws of naval war, adopted at the Oxford session, 1913 (p. 174-201)

Selected cases on real property. Selected and arranged for use in connection with the author's treatise on real property.

Mode of access: Internet.

Great Britain - Companies (consolidation) act, 1908. Digest of provisions in respect to the powers and duties of the Board of trade in connection with the administration of the Act, publicity of corporate affairs, and penalties. Outline of history and organization of the Board of trade.

Mode of access: Internet.

Single crystal Raman spectroscopy of natural leiteite ZnAs2O4 and in comparison with the synthesised mineral

The oriented single crystal Raman spectrum of leiteite has been obtained and the spectra related to the structure of the mineral. The intensities of the observed bands vary according to orientation allowing them to be assigned to either Ag or Bg modes. Ag bands are generally the most intense in the CAAC spectrum, followed by ACCA, CBBC, and ABBA whereas Bg bands are generally the most intense in the CBAC followed by ABCA. The CAAC and ACCA spectra are identical, as are those obtained in the CBBC and ABBA orientations. Both cross-polarised spectra are identical. Band assignments were made with respect to bridging and non-bridging As-O bonds.