The NCAA maintains a balance between amateurism and the increasing need for generating revenue. In this balancing act, there are various policy considerations and legal constraints. These legal and policy entanglements bore such class action suits as Keller v. Electronic Arts, National...

This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly...

In Victoria and New South Wales, young learner drivers have been required to have 120 hours supervised driving before taking their provisional license test since July 2007. Queenslanders under 25 have to show that they have completed 100 supervised hours. Most other states require at least 50...

As chair of the Australian Competition and Consumer Commission, Professor Allan Fels blasted his way into popular consciousness by aggressively using the media to promote noholds-barred enforcement against businesses that breached competition and consumer protection laws. Opinions were sharply...

The article focuses on the clash of digital technologies and the copyright law from the recent perspective of long term preservation of culturally important works kept in the records of publicly available libraries. The author argues that although the national legislators in the European Union...

Many theorists follow an inevitably circular method in evaluating legal institutions and practices. "Considered judgments of justice" embedded in practices and institutions in which we have a high level of confidence can serve as partial evidence for the principles with which they are...

Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system...

This article is about the interpretation of legal texts. Its immediate aim is to defend, against a certain sort of originalist objection, the well-known cases that hold that the Australian Constitution, by implication, guarantees certain political freedoms and entitlements. That is not to say...

Australian case law on infringement of registered trade marks has placed an increasing emphasis on the reputation of the owner of the registered trade mark in determining whether infringement has occurred. Consideration of the trade mark owner's reputation has been included in determining...

The experience of working as returning officer (RO), assistant returning officer (ARO), presiding officer (PO) and revising authority (RA) during past four important elections has made me to learn a lot about the role of the judge during general elections activity (for returning the candidates...