Abstract This paper discusses the relaxation by the Australian authorities of cross-media and foreign ownership laws. The debate seems to balance out as to the number of the pros and cons and the weight of the arguments of each side. However, sifting through the arguments the paper shows that they meet halfway on the need to protect media against excess concentration of power and foreign influence. On these concerns, the Australian government seems to draw lessons from the media liberalization programs of other developed countries, which are allowing cross-media ownership and foreign participation up to more manageable limits and only in specific media areas where activities are calculated to pose lesser risks. The paper concludes that the problem is that, despite these safeguards, people will always look at media deregulation with suspicion and misgiving because of the sensitive nature of this industry.
From the Paper "After Lord Morley left journalism to join government service in the early stages of the development of media in UK, there is an oft-quoted remark made to him by Kennedy Jones, co-founder of the venerable Daily Mail. "You left journalism a profession. We made it a branch of commerce," Jones told Morley. The equally famous rejoinder was: "The more, the pity." One view in effect exults that media has evolved into a business proposition, where profit takes precedence over its traditionally loftier priorities. The other opinion looks with sadness at such commercialization of journalism, implying that this is inimical to public interest.
That pithy exchange from the past captures the essence of the present-day debate in Australia triggered by the government announcement of plans to deregulate media after 20 years of controls on foreign ownership and cross-media transactions. The Morley-Jones clash of views between the public service and business orientation of media deferred to old UK conditions, but the same hairsplitting still rings true today and continues to reverberate throughout the world as economic opportunities diminish and competition for scarce resources tighten up. Since almost all sectors of national economies have been served up for foreign interests in the universal drive to generate much-needed foreign investment, governments in many parts of the world, both developed and underdeveloped, are fixing their attention on the media industry as the last remaining enticement for foreign investors. As Australian Sen. Ron Walker puts it: "Media has become the last major industry begging for reform to bring it to the 21st century." By inference, the senator is batting for a new scheme that would keep Australian media in step with the times by allowing foreign investment into the arena."
Abstract This paper discusses the role of the Australian police force and its power to operate within the law. The paper reports that Police officers, under the 'Police Powers and Responsibilities Act 2000', have become public officials. The paper further reports a rise in the number of people seeking assistance with public nuisance offenses, which are mostly are based on trivial factual scenarios. The paper goes on to explain that these offenses are arising not because of complaints from other citizens, but because the person's conduct is being interpreted by police as 'likely to interfere' with other people's enjoyment of a public space.
Outline:
Police Control and Power as a Subject of Controversy
Other Nations Struggle with the Problem of Broadened Police Power
How are the Laws Enforced?
Conclusion
From the Paper "In other lands, the controversy over police powers has come up from time to time. Sometimes the public is quick to set matters straight and put only reasonable powers into the hands of the police. In most nations, police powers include licensing, inspection, zoning, safety regulations (which cover a lot of territory), quarantines, and working conditions as well as law enforcement under the realm of police enforcement. In short, police powers are the basis of a host of state regulatory statutes. "
"In the United States, citizens take a dim view of unbridled police powers. They were quite condemnatory of Samuel A. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in many cases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according to 400 pages of documents released in November of 2005 by the U.S. Justice Department. For instance, while working in the Office of Legal Counsel from 1985 to 1987, Alito wrote an opinion allowing the Internal Revenue Service to secretly record conversations with taxpayers who were under investigation. "
Abstract This paper argues that the inconsistencies within the Australian Constitution can be most effectively addressed through the process of reform. The paper begins with a discussion of the history and content of the Constitution. It then explains the ambiguities in the application of conventions, and the structure and roles of the Federal Parliament. The writer advocates that Australia's political, economic, cultural and social development need to be reflected in the Australian Constitution. The writer concludes that reforms are needed to bring the Constitution into a modern context, so that it is truly representative of the society that Australia is today.
From the Paper "Many have argued that the Australian Constitution no longer performs this function effectively, and for this reason should be reformed. There are many ambiguities and inconsistencies in the role of the Constitution in today's society. These are apparent in the application of conventions, and the structure and roles of the Federal Parliament. The methods available to change the Constitution are limited, comprising mainly of referenda and High Court interpretations. Suggested areas of reform to bring the Constitution into the modern times include the implementation of a 'bill of rights' and a re-writing of the Constitution preamble. It is argued that the inconsistencies within the Australian Constitution can be most effectively addressed through the process of reform."
Abstract This research paper outlines some key effects of terrorism on the application of the rule of law. By outlining key historical events in conjuction with the practical analysis of the law and its connotations, one is able to see how terrorism may effect the validity of the law in a social, economic and political context.
From the Paper "Terrorism is the largest threat to democracy the world has seen. The recent September 11 attacks on the World Trade Centre in New York and the Pentagon are often perceived as the beginning of a "never ending" war against terror. However, the perceptions of the qualities of a terrorist differ from person to person, which presents a conflict as to who really is a threat, and who is not. For example, the United States Department of Defence believes that a terrorist is a person or group who carries out an attack for a political, religious or ideological purpose whereas, in a time of war, a terrorist would be someone with only a "remote chance of achieving their aims"."
Tags: international, law, political, rule, science, september
Abstract Looks at the history and presents an examination of Australian TV, which has always lagged behind US and British broadcasting, including how it handles gay and lesbian issues. The paper concludes that currently, Australian television has only minimal coverage of queer lives and issues, but evidence suggests that it might be headed in the direction of expanding such coverage.
From the Paper "This paper is an examination of Australian television and the way it both deals with and ignores gay and lesbian lives and issues. The history of television in Australia has always been one of attempting to follow the patterns set primarily in the United States ..."
Abstract This paper is a case study from the Harvard Business School titled "The Australian Paper Manufacturers."
From the Paper "The Australian paper manufacturing industry was at one point fairly evenly split between three companies in three distinct market segments. Australian Newspaper Mills produced paper for newspapers, Australian Paper Mills, APM, produced paper packaging and the Paper Company of Australia, PCA, manufactured fine papers such as those used in offices. This case study addresses APM's decision to challenge PCA in its market. APM did so by using advanced technology to produce a high quality environmentally friendly fine paper product."
This paper examines the challenges and opportunities for the Australian wine business as it it attempts to increase the amount of red wine sold to Hong Kong.
Abstract This paper discusses the challenges and opportunities for the Australian wine business as it attempts to increase the amount of red wine sold to Hong Kong. The paper explores the challenges of marketing and selling internationally.
From the Paper "Grape growing and wine production in Australia date back to the arrival of European settlers over ? years ago. However it is probably true to say that it is only in recent decades that the rest of the world has taken much notice of Australia's wines. The Australian wine industry has undergone a significant expansion in a relatively short period. According to Ronin Weigand, a decade ago very few restaurants listed Australian wines. That situation has changed dramatically."
Tags: Australia, Hong Kong, wine imports, Australian exports, challenges of international marketing, product, price, promotion place
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper "In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
Tags: American law, Jewish law, common law, Halakha
Abstract This paper deals with the problems in implementing Megan's Law also known as community notification laws for sex offenders This paper lays out in great detail the problems this law presents to law enforcement officers. The author argues that Megan's Law has a lot of flaws and questions that must be addressed.
From the Paper " In the wake of the murder of seven-year-old Megan Kanka by a convicted sex offender, the State passed a series of bills designed to toughen the states handling of sex offenders. These bills Senate No. 13-1994 and Assembly No.85-1994, commonly known as Megan's Law, range in scope from requiring convicted sexual offenders to provide blood specimen's to a DNA database, to studying the effectiveness of the state's treatment center of sexual offenders. These bills address the danger of recidivism by sex offenders. It requires the registration of sex offenders to their local police. If their municipality does not have a local police department, they must register with the State Police. They must verify their address with the police every three months. The most controversial provision of Megan's Law is the community notification provision that provides notification when a sex offender will be let out of prison at least 45 days before they are released. The bills passed both houses by an unanimous vote. It was signed into law by Governor Whitman on October 31, 1994. (Dougherty)"
Tags: community, law, laws, megan, notifaction, offenders, sex
Abstract This paper discusses a criminal law, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper "The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags: criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine
Abstract It is indisputable that the natural law perspective has had a powerful influence on Canadian laws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadian laws and lawmakers. It shows, however, that other perspectives also have an influence.
Abstract In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
Abstract This paper takes an in-depth look at Megan's Law. According to the paper, Megan's Law was named after 7-year old Megan Kanka of Hamilton Township, New Jersey who was raped and murdered by her neighbor. The paper discusses how Megan's Law violates past sexual offender's constitutional rights and does not improve safety in communities in which accused sexual offenders reside.
Table of Contents:
CHAPTER 1
Introduction
Emergence of Megan's Law Megan's Law: Questions of Constitutionality
CHAPTER 2
Literature and Opinions
CHAPTER 3
Megan's Law in Different State
CHAPTER 4
Author's Opinion
Conclusion
From the Paper "In our society, everyone should be entitled to one mistake. After all, nobody in this world is a perfect law abiding citizen. After one makes a mistake, they should learn from this experience and use it before acting in the future. In other words, they deserve a second chance. Megan's Law makes that second chance impossible. The creation of sexual offender registries and informative materials (i.e. Ahearn's example of flyers) make it more difficult for past sexual offenders to lead normal lives after they finish their sentence. It leaves more of a possibility that a sexual offender may not be accepted or welcomed into their community. Most likely when a community finds out a sexual offender is living in their neighborhood, the community will isolate themselves from the offender."
