Welcome to Eureka Street

back to site

Keywords: Law

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    How Sam Kerr sparked a national conversation on racism

    • Joel Hodge
    • 27 March 2024
    8 Comments

    Sam Kerr’s alleged comment to a UK police officer has divided opinion as to whether it constitutes racism. The central question involves whether a structural understanding of racism should supersede a universal, neutral sense of racism of the kind that is enshrined in law.

    READ MORE
  • AUSTRALIA

    Can debate ever do harm?

    • Holly Lawford-Smith
    • 02 February 2024
    1 Comment

    How can we make progress on the question of whether debate can do harm, and if it can, whether that’s a sufficient reason to suppress particular debates? Or should we adopt a ‘no debate!’ approach to particular topics ourselves?

    READ MORE
  • AUSTRALIA

    Absolute obedience: David McBride and the limits of duty

    • Binoy Kampmark
    • 30 November 2023
    3 Comments

    Charged with breaching national security for exposing alleged war crimes by Australian forces in Afghanistan, former Australian military lawyer David McBride's trial in Canberra rekindles a debate that tests the boundaries of military obedience and public interest. At the heart of this legal battle lies the question: when does the duty to expose wrongdoing outweigh the duty to follow orders?  

    READ MORE
  • AUSTRALIA

    When law making bastardises the Law

    • Andrew Hamilton
    • 30 November 2023
    8 Comments

    Any legislation hastily designed to negate the effect of the High Court decisions will be vulnerable again to be struck down on judicial appeal. That haste suggests an initial disregard for human rights and the rule of law by Governments and an ingrained resistance to any limitation of its power. Vindictive laws come at a heavy cost to the integrity and reputation of the lawmakers. 

    READ MORE
  • AUSTRALIA

    The plight of the Australian whistleblower

    • Binoy Kampmark
    • 09 November 2023
    1 Comment

    Next week, former army lawyer David McBride will face trial, accused of leaking classified defence information. Meanwhile, the prospect of meaningful whistleblower reforms that would shield Australian public servants who contemplate exposing wrongdoing through the media seems remote.

    READ MORE
  • AUSTRALIA

    Protesting in South Australia: Then and now

    • Michele Madigan
    • 29 June 2023
    2 Comments

    Following a rally by climate action group Extinction Rebellion, anti-protest laws were rushed through the SA lower house, increasing the maximum fines for disruptive protests along with potential jail time. Sadly, SA is not an outlier here, but is rather in step with the rest of the country with similar ‘draconian’ laws regulating protests.

    READ MORE
  • AUSTRALIA

    Judgment and the burden of ignorance

    • Andrew Hamilton
    • 15 June 2023
    2 Comments

    Kathleen Folbigg's release, prompted by the discovery of a genetic mutation that created reasonable doubt in her conviction, marks a significant intersection of science and law. However, the case highlights the need to critically assess the weight and limitations of scientific authority in our justice system, acknowledging the inherent uncertainty embedded within human affairs.

    READ MORE
  • AUSTRALIA

    Kathleen Folbigg, monster mythology and science

    • Binoy Kampmark
    • 14 June 2023
    3 Comments

    At the intersection of myth, science, and law is the contentious case of Kathleen Folbigg, accused of being a modern-day Medea. Convicted of killing her children and later exonerated, Folbigg’s story serves as a cautionary tale about the complexities of science in legal judgments and societal myths of motherhood cloud our interpretation of facts.

    READ MORE
  • AUSTRALIA

    Chasing shadows: Unmasking human trafficking in Australia

    • David Halliday
    • 19 May 2023

    In a conversation with Eureka Street, investigative journalist Nick McKenzie explores the drivers of human trafficking and sex slavery, examining the intertwined roles of law enforcement, the sex industry, and the migration sector in one of the most pressing social justice issues of our time.

    READ MORE
  • AUSTRALIA

    Watchman, what of the night?

    • Andrew Hamilton
    • 18 May 2023
    4 Comments

    Townsville's recent incidents of vigilantism in response to youth crime have cast a spotlight on the fragile balance between law enforcement and community solidarity. As social divisions deepen and inequalities persist, the door to this regrettable behaviour remains open. 

    READ MORE
  • INTERNATIONAL

    Scapegoats of war

    • Binoy Kampmark
    • 27 April 2023

    With the prosecution of low-level soldiers like SAS trooper Oliver Schulz for war crimes in Afghanistan, we should consider: what is the scope of accountability for war crimes under international and Australian law, and how does it apply to commanders who should have known about the crimes?

    READ MORE
  • INTERNATIONAL

    Why Singapore needs to shift the conversation around drugs

    • Kirsten Han
    • 29 March 2023
    1 Comment

    Singapore's notoriously strict drug laws mean that people caught with over a certain amount of drugs face the death penalty. While the Singaporean government claims its policy deters drug trafficking, critics say there is no evidence that the death penalty is effective, arguing that these policies do not address the root causes of drug use and addiction.

    READ MORE