The Legalities of Revoking University Degrees for Misconduct: Recommendations for Australian Universities

The revocation of university degrees, whilst once unheard of, has been increasingly employed by Australian universities in the wake of high-profile cheating scandals. Yet, to date, there is only one reported Australian case, Re La Trobe University; Ex Parte Hazan in which a student has challenged a university’s decision to revoke a degree. However, this case does not comprehensively address the legal issues surrounding decisions to revoke degrees. This paper therefore seeks to provide Australian universities with some clarity with respect to these issues, elucidating the source of the power of universities to revoke degrees, and the circumstances in which this power can be exercised. It does so through a review of English and United States case law, an analysis of accepted Australian administrative law principles, and an examination of university legislation in Australia.

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Doctor in the sky: Medico-legal issues during in-flight emergencies

Medical Law International ◽

10.1177/0968533217705693 ◽

2017 ◽

Vol 17 (1-2) ◽

pp. 65-98 ◽

Cited By ~ 4

Author(s):

Marcus Wong

Keyword(s):

United States ◽

United Kingdom ◽

Legal Protection ◽

Case Law ◽

The United States ◽

Legal Issues ◽

The United Kingdom ◽

Legal Provisions ◽

Medical Emergencies

More people are travelling by air and in-flight medical emergencies are becoming more common. Some in-flight emergencies require assistance from passenger doctors who act as good Samaritans in the sky. Their liability and the associated medico-legal issues of providing assistance in mid-flight emergencies are unknown. Although provisions exist in theory about good Samaritans on the ground, it is unclear to what extent these doctrines are applicable to good Samaritans in the sky. This article examines the obligations, liability and legal protection of doctors when acting as good Samaritans in mid-flight emergencies, regardless of their nationalities. It examines the jurisdiction, existing legislations, case law in the United Kingdom and compares with their equivalence in the United States and to some extent, with the legal provisions in France. In addition to in-flight emergencies, this article reviews airlines’ liability for injuries sustained by passengers during flight. It is concluded that doctors’ liability is unclear and uncertain, their legal protection is inadequate and inconsistent; airlines’ liability is restricted by the courts. Reforms proposed include legislative enactment and extension of commercial airliners’ insurance to accord the deficient legal protection.

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The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution

Common Law World Review ◽

10.1177/1473779519863070 ◽

2019 ◽

Vol 48 (3) ◽

pp. 142-175

Author(s):

Anthony Davidson Gray

Keyword(s):

United States ◽

Political Communication ◽

First Amendment ◽

Case Law ◽

The United States ◽

United States Constitution ◽

High Court ◽

Australian Case ◽

American Case

This article suggests that the Australian High Court might usefully utilize more of the First Amendment jurisprudence than it has done so to date. After a succinct summary of the Australian implied freedom and First Amendment case law, it documents cases in which the Australian High Court has either utilised, or not utilised, First Amendment case law. It suggests specific instances in which the Australian case law might utilize some of the American doctrine, and responds to suggestions that the American case law is not applicable to the Australian constitutional context.

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The ‘Entrepreneurship Approach’ to Determining Employment Status: A Normative and Practical Critique

University of New South Wales Law Journal ◽

10.53637/oglb7881 ◽

2021 ◽

Vol 44 (4) ◽

Author(s):

Pauline Bomball

Keyword(s):

United States ◽

United States Of America ◽

Employment Status ◽

Case Law ◽

The United States ◽

Employment Relationship ◽

Independent Contractor ◽

Practical Operation ◽

The Us ◽

Australian Case

Recently, the concept of entrepreneurship has attracted increased attention in the Australian case law on employment status. Some judges have adopted an ‘entrepreneurship approach’ in determining whether a worker is an employee or an independent contractor, while others have rejected this approach. Although the concept of entrepreneurship has appeared increasingly frequently in the cases, it remains an under-theorised concept. This article critically evaluates the concept from a normative worker-protective perspective. It assesses the entrepreneurship approach by reference to theories of power and vulnerability in the employment relationship, and critically examines cases from the United States of America (‘US’) that illustrate the nature and practical operation of the entrepreneurship approach. The article argues that an entrepreneurship approach that operates in a manner similar to the ‘ABC’ test in the US warrants consideration by those seeking to revitalise the tests for employment status in Australia.

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Thinking About Scots Law

Edinburgh Law Review ◽

10.3366/elr.1996.1.1.3 ◽

1996 ◽

Vol 1 (1) ◽

pp. 3-24 ◽

Cited By ~ 3

Author(s):

Alan Rodger

Keyword(s):

United States ◽

Nineteenth Century ◽

British Empire ◽

United States Of America ◽

Case Law ◽

The United States ◽

Memorial Lecture ◽

University Of Edinburgh ◽

The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

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Internet Jurisdiction: A Survey of Legal Scholarship Published in English and United States Case Law

SSRN Electronic Journal ◽

10.2139/ssrn.2309526 ◽

2013 ◽

Cited By ~ 5

Author(s):

Joel Reidenberg ◽

Jamela Debelak ◽

Jordan Kovnot ◽

Megan Bright ◽

N. Cameron Russell ◽

...

Keyword(s):

United States ◽

Case Law ◽

Legal Scholarship

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WTO Case Law in 2012: Appellate Body Report, United States - Certain Country of Origin Labeling Requirements

SSRN Electronic Journal ◽

10.2139/ssrn.2991566 ◽

2012 ◽

Author(s):

Henok Birhanu Asmelash

Keyword(s):

United States ◽

Country Of Origin ◽

Case Law ◽

Appellate Body Report ◽

Country Of Origin Labeling ◽

Appellate Body ◽

Labeling Requirements

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Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?

Federal Law Review ◽

10.22145/flr.41.2.4 ◽

2013 ◽

Vol 41 (2) ◽

pp. 299-331

Author(s):

Benjamin Hayward

Keyword(s):

Case Law ◽

International Arbitration ◽

Policy Context ◽

Australian Case ◽

Federal Jurisdiction ◽

Court Of Appeal ◽

Policy Attention

International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study of pro-arbitration judicial policy in recent arbitration-related Australian case law which touches upon the continuing applicability of the controversial 1999 Eisenwerk decision of the Queensland Court of Appeal. Against this pro-arbitration judicial policy context, this paper reviews five Eisenwerk-related cases handed down between 2010 and 2012. It concludes that despite pro-arbitration judicial policy being embedded as a requirement of reasoning in decisions under the International Arbitration Act 1974 (Cth), there is mixed evidence of such policy in the cases surveyed. This paper concludes that the extent to which this policy is evidenced largely corresponds with the degree to which contemporary decisions have departed from Eisenwerk.

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