Category Archives: Public Policy

Crabs in a bucket

In comments on my post on Michael Jackson, Su mentioned the “crabs in a bucket” syndrome that affects race relations in the US - the notion that those who were trying to escape from bad circumstances undermined others in the same predicament to further their own escape. Such a vivid metaphor for anyone who has [...]

That Pig Won’t Fly

In which I present, the REAL cause of the swine ‘flu outbreak…

… suggest that the current risk analysis might be flawed …

… and point out that all the protective measures in the world still wont be much help unless you read the instruction leaflet.

There is no evidence of the swine flu virus spreading in a [...]

Thoughts on juries and justice

The other day, I was supposed to be doing PhD thesis when I got caught watching the documentary called The Times of Harvey Milk, which featured real archival footage of the various people involved. Once I’d started watching, I couldn’t stop. Of course, Sean Penn has just received an Oscar for his portrayal of Harvey [...]

Indigenous intervention, doing good and racism

The High Court has just handed down its decision on the constitutionality of the legislation enabling the Northern Territory intervention: Wurridjal v Commonwealth of Australia [2009] HCA 2. A majority of the Court ruled that the legislation was constitutional, with Kirby J delivering a last (and controversial) dissent. It is a fascinating decision, involving the [...]

Duty to restrain drunk drivers

It is easier to impose a duty on someone for something they have actually done than it is to impose a duty on someone for something they have failed to do (the misfeasance/nonfeasance distinction). Nothing illustrates this more clearly than a case where a pub fails to restrain a drunken patron from driving while drunk.
This [...]

The road to hell…

…is paved with good intentions.
This post is inspired by the Victorian Government’s review of the Equal Opportunity Act. Copies of the various submissions and documents, and the final report, can be obtained from here.
Chapter 6 of the Report recommends:
that the Commission should be able to conduct own motion investigations into systemic issues arising from disputes [...]

Mess mobile

Following on from SL’s recent post, ‘Cleanliness is next to Godliness’ comes the story of a German woman who was booked by police for driving her car while it was full of junk. Police said that the woman had to press her face against the windscreen because of the amount of junk. She now has [...]

Native Title reform proposal

The Age has reported that the Victorian government is considering a native title reform proposal which sidesteps the Native Title Act altogether:
Under the overhaul — which would require sweeping changes to existing laws — Aboriginal groups that could prove a traditional, rather than continuous, connection to land would be able to forge agreements [...]

Contains law: open with caution

Affirmative action and its whiff — at least as spotted on Planet Janet — came up on Legal Eagle’s thread on the appointment of Justice Bell to the High Court. I’ve since had a couple of emails — and participated in a lengthy thread elsewhere — that discussed it. People are surprised when I say [...]

Female lawyers first victims of downturn

According to the President of the Australian Women Lawyers, it is more likely that female lawyers will become victims of the economic downturn than male lawyers:
As we find ourselves in difficult economic times, with law firms retrenching staff, it is an unfortunate fact that the people at the lower end of the seniority spectrum are [...]