Justice or vengeance? This is always the question raised by war crimes trials, although it might be noted that they are a relatively recent historical phenomenon. Some were proposed at the end of the Great War but never eventuated. The original and best known is, of course, Nuremberg at the end of World War II ...... (read more)
John Eldridge reviews 'The Campaign against the Courts: A history of the judicial activism debate' by Tanya Josev
Although a subject of endless fascination in the hermetic world of the legal profession, the judiciary seldom excites the interest of the broader public. Despite the efforts of senior judges to promote understanding of the legal system, the community seems largely content simply to trust that the machinery of justice is working ...... (read more)
Watching Out belongs to a rare class of book. Written by a lawyer, concerned largely with law, and touching upon such legal esoterica as interim injunctions, it defies all odds in still being eminently accessible to a lay audience. It has, predictably, set off a frisson of excitement in legal Australia, where each new Burnside title ...... (read more)
Kevin Bell reviews 'The Land is our History: Indigeneity, law, and the settler state' by Miranda Johnson
Australia’s national identity is as complex as the people who make up the nation and the historical forces by which it was made. Our Indigenous peoples, whose unique histories precede the nation’s by more than fifty thousand years, are central to that identity ...... (read more)
Although easy to miss amid the commotion of Brexit, Britain’s Human Rights Act (1998) is locked in a fight for its life. Besieged by a hostile press and beholden to a government that has pledged its repeal and replacement, its days are almost certainly numbered. It is against this fraught backdrop that Conor Gearty’s On Fantasy Island: Britain, Euro ...
David Rolph reviews 'The Tim Carmody Affair: Australia’s greatest judical crisis' by Rebecca Ananian-Welsh, Gabrielle Appleby, and Andrew Lynch
With a few notable exceptions (Michael Kirby springs to mind), judges in Australia do not have a high public profile. Many non-lawyers would struggle to name a judge currently ...... (read more)
Neil Kaplan reviews 'East West Street: On the origins of genocide and crimes against humanity' by Philippe Sands
Philippe Sands, a barrister and Professor of International Law at University College London, brings together in this multi-faceted book the perpetrators of the worst crime yet devised by man ...... (read more)
The practice of the law is about stories. The stories the parties tell to the judge, the story the judge tells back or, if you like, the judge’s review of the parties’ stories. Along the way there can be much that is frankly boring to onlookers, or indeed the parties themselves, but also drama, pathos, and humour, both intentional and the opposite. And past case ...
Silent Shock is an ambitious, important book. It is a work of history, a work of journalism, and a forensic exposé of hideous corporate negligence, all woven around the lives of one modest Melbourne family.
Former journalist turned lawyer Michael Magazanik was one of the dozens of lawyers, barristers, and researchers who worked on a recent class acti ...
Privacy is dead, or so it is regularly pronounced. There are many suspects: big government; big business; the media; social media; technology; us, for giving of ourselves too readily and allowing our privacy to shrivel and die. Even if privacy is not yet dead, it is said to be under threat on multiple fronts.