Abstract
This research paper outlines some key effects of terrorism on the application of the rule of law. By outlining key historical events in conjunction 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 Center 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 Defense 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
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. "

Tags:searches, nuisance, drugs, law, legal, authority, Queensland, Aboriginal

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."

Tags:law, parliament, high, court, change, politics, Commonwealth

Abstract
This paper looks at how Australian law is very closely linked with legal positivism, since it revolves around the concept of power. It explains that the sovereign order is treated as the final word, which cannot be altered or amended. While the same is the case in the United States, the writer points out that there is some flexibility towards modern interpretations of law. The United States gives its judiciary enough freedom to interpret law according to the circumstances. The same is, however, missing from the Australian legal system where modern interpretations are often met with disapproval. It concludes that this is the essential difference between legal systems of the two countries, a difference that has turned Australian law into a more rigid and positivistic form of law.

From the Paper
"A law must be resistant to change for that is the whole purpose of implementing laws. However they must also be flexible enough to allow modern interpretation, which is unfortunately not the case in Australia and this, is what makes Australian constitutional law positivist in nature. In other words, when a law is so rigid that it cannot allow modern interpretation and fails to keep pace with changing times, it is said to be positivistic in nature. In such laws, the interpretation is rigidly limited and the original law cannot be molded to suit modern conditions and circumstances. While then United States constitutional law is also highly resistant to change, it is nonetheless flexible enough to allow Supreme and High Courts to seek modern interpretation. However that is not the case in Australia where constitutional law is the final word of authority and to allow the law to keep pace with changing times is seen as a threat to the constitution. A very apt example of this kind of rigidity of law can be seen in Bulun Bulun case of 1999.


In this case, the copyright Law of Australia was under consideration and it was found that the rigid interpretation of the law was closely connected with legal positivism. The painter John Bulun sought Court's help in combining customary law with the Copyright Act. Mr. Bulun Bulun wanted one of his paintings "Magpie Geese and Water Lilies at the Waterhole", to be seen as a work of co-authorship. He wanted his entire community to be the owner of this property since it was more in line with his customs and cultural beliefs.
Judge Von Doussa however refused to combine customary law with Copyright Law and decided to stay with strict interpretation of the law thus taking a positivistic approach as Bowrey (2001) explains: It is difficult to ascertain whether or not von Doussa grasped the cultural implications that flow from his endorsement of these precedents about joint authorship. At key points in the decision closure to consideration of the indigenous point of view was achieved by using legal positivist interpretative practice. He identified the appropriate legal rule concerning joint authorship without reference to any discourse about the meaning of the terminology. Copyright law is "entirely a creature of statute"."

Tags:legal, system

Abstract
This paper explains that, in most areas of law, standards of conduct and standards of review tend to be confused with each other: A standard of conduct enunciates the way in which an actor should play a role, act in his position or even conduct his functions; whereas a standard of review states the test that a court should apply when it reviews an actor's conduct so as to determine whether to impose liability, grant injunctive relief or determine the validity of his actions. The author points out that historically, the two major areas of American corporate law that involved standards of conduct and review have been the duty of care and the duty of loyalty. The paper relates that a typical corporation statute in American or Australia defining a corporate director's duty of care provides that a director's duties must be performed with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.

Table of Contents
Standard of Conduct and Standard of Review in Corporate Law
The Duty of Care in American and Australian Corporations

From the Paper
"In the landmark case of Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985), the the Delaware Supreme Court decided that directors who approved a merger transaction were simply not entitled to the presumptions of the business judgment rule where they spent a very negligible time considering the transaction, had no meaningful financial advice or analysis in doing so, completely allowed the negotiation process to be controlled by one of the company's executives, and did not even have the merger agreement before them when they approved it. Under these extenuating circumstances, the Supreme Court concluded that the directors breached their duty of care and could be held personally liable for the breach."

Tags:directors, injunctive-relief, fiduciary-relationship, delaware

Abstract
This paper examines how Australia's often controversial refugee policy can be seen to reflect certain philosophies that determine who is allowed to enter Australia and who is not. It discusses the four main philosophies behind the policy: residualism; selectivity and targeting; "deserving" and "undeserving"; and blaming the victim (cf. structuralism). It also provides an examination of the current refugee laws, including current quotes from leading Australian politicians regarding refugees and Australian law.

Outline
Under the Big Top: Residualism, a "Safety Net", the "Ladder of Opportunity" and One White Monkey
A Volunteer From the Audience Please!: The Politics of Selectivity
Admission Prices: Who Gets In and What Your Ticket Gives You
Eeny Meaney Miney Mo: The Deserving Desirables of a Humanitarian Program
Beggars and Hecklers: The Price of Absent Security
Crowd Control: Moderating the Masses
Memoirs of a Mime: The Day the Crowd Fell Silent
Conclusion

From the Paper
"The first philosophy regarding welfare in Australia is undoubtedly the concept of residualism versus universalism, as this addresses from the very beginning whether welfare will be targeted only at individuals in need, as in the residualist model, or whether every citizen will be universally provided for regardless of income or standing. Historically, Australia has largely been a residual welfare state in accordance with its tendency to political conservatism emphasizing individual self-reliance. Residualist welfare developed in Australia around the presumption of full employment; wage levels were guaranteed by the Harvester judgment relegating government welfare to the status of a "safety net" for those men who experienced temporary unemployment. The key concept behind this residualist support for unemployed men however was the assumption of limited welfare; it was only intended as a safety net for short periods of time, to "break the fall towards destitution and sustain a man and his family while they help him climb the ladder of opportunity again." "

Tags:humanitarian, residualism, selectivity, structuralism

Abstract
This paper examines how current applications of Australian law illuminate new changes in parenting forms and how they are adapted into the system. By using the Family Act of 1975, we will understand, along with other observations, how Australia is dealing with this issue.

Abstract
An Australian company wishes to purchase prefabricated birdcages from Kenya and assemble them for sale. The company is confronted by a number of choices, each of which has different tax implications. This paper will trace the forking choices and explain the tax implications of each with references to Australian and Kenyan tax law. The first choice is how to do business in Kenya itself, whether as an Australian company, a Kenyan branch or subsidiary of the Australian company, or as a Kenyan company proper. A local branch or subsidiary of a foreign company will incur 37.5% income tax, versus 30% for a local company. It would thus seem to make more sense for a tax-averse entity to set up a fully Kenyan business; although, as we shall see, there is an important exception to this rule.

From the Paper
An Australian Company Doing Business with Kenya: Some Tax and Business Strategy Implications An Australian company wishes to purchase prefabricated birdcages from Kenya and assemble them for sale. The company is confronted by a number of choices, each of which has different tax implications. This paper will trace the forking choices and explain the tax implications of each with references to Australian and Kenyan tax law. The first choice is how to do business in Kenya itself, whether as an Australian company, a Kenyan branch or subsidiary of the Australian company, or as a Kenyan company proper. A local branch or subsidiary of a

Abstract
This paper examines the various methods of communication used by law firms in Australia - modern and classic. These include corporate persona, e-mail, websites, sponsorship, intranet, brochures and seminars.

From the Paper
"Arguably one of the most important assets of any institution is their ability to communicate with their designated market. Law firms in Western Australia are no different. For a firm to succeed they must establish appropriate mechanisms through which they can communicate, both internally and externally. Traditionally the preferred methods of communication where; written correspondence, telephonic conversations, and to a certain extent facsimile . Today, as one venture's into the technological era new mediums are being presented, permitting a more effective level of communication, with respect to time, cost and ease of use. These new methods of communication that allow a more effective transfer of information come in the form of the internet, namely web pages and electronic mail (e-mail). On top of the abovementioned revolutionary communication devices law firms are increasingly communication to the general public in less conventional ways, this includes the deliberate and complex construction of "corporate persona", an increased involvement in sponsorship and via the provision of free seminars for employees and clients. Law firms in Western Australia are at a unique time period where they must confront, understand and embrace more effective and less traditional means of communication. The transition is currently underway and one can now identify that the most effective means of communication while having their flaws, come in the form of e-mail, web pages, corporate persona, seminars and sponsorship."

Tags:corporate, image, mail, persona, sponsorship, technology, website, email

Abstract
Since independence, Australia has attempted to maintain standards typical of a Western, liberal democracy that values the quality of life of its work force. The issue of hiring discrimination has become an issue because lifetime employment is becoming more and more rare, and many of Australia's neighbors implicitly condone the mass employment of children in the textiles industry. This paper shows that, according to the Australian Council of Trade Unions, there are no federal laws in Australia prohibiting forced labor, setting a minimum age for employment, or prohibiting forced or bonded labor by children as exist in the United States, Britain, and Canada. Humanitarian organizations fear that increased trade with these countries will lead to a devolution of Australia's treatment of workers, young and old. It is for these reasons that the current unregulated system should be audited according to its effects on the population in terms of employment and income levels by age. This study focuses on the nature of publicly-available, quantitative data reflecting the age and salary of Australia's workers.

From the Paper
"Australia maintains wage and income restrictions that are more typical of Europe than North America, which may help to explain its young workforce. 20-24 year olds make an average of between 300 and 700 a week, whereas the range increases for 25-29 year olds, who typically make between 400 and 1500 a week. As salary is often more driven by tenure than by educational attainment in Australia, this provides incentives for workers to get into the workforce early. This is not the case in countries like Germany and the United States, where educational attainment is highly valued."

Tags:apprenticeships, tenures, employment