Tobacco Trademarks in Peril: Australian Courts Can’t Be Bothered

The unreasonable expropriation of intellectual property or the advancement of public health? This was the question posed by Philip Morris Asia Limited v. The Commonwealth of Australia. In 2011, Australia passed its “plain packaging legislation,” creating restrictions on the fonts, size, colors, and location of tobacco brand marks on product packaging. The legislation also requires … Read more

Indonesia execution announcement prompts threat of sanctions

On Saturday April 25th, Indonesia notified families of nine foreigners convicted of drug crimes– from Australia, Brazil, the Philippines and Nigeria—that the prisoners will be transported to Nusa Kambangan “execution island” and killed by firing squad this week. The announcement arrives after months of international condemnation of Indonesia’s policies regarding the death penalty. Andrew Chan … Read more

The College Conundrum: How US student loan repayment policy created $1 trillion in outstanding debt

On average, a US student will spend approximately $21,000 per year pursuing a college degree, approximately 22% of which will be paid through borrowed funds. Considering the increasing costs of college tuition coupled with the need for students to borrow almost ¼ of their tuition, it no surprise that the outstanding federal student loan debt … Read more

Critical Analysis: Accusations Against Australia’s Border Protection Policies

Over the past month, Australian navy and customs officers have been accused of towing or turning back boats carrying Indonesian asylum-seekers. Australian Prime Minister, Tony Abbott, has reported little about Australia’s asylum-seeker policies, fearing that exposing such information may create a tactical advantage in a wartime scenario. The United Nations High Commissioner for Refugees (UNHCR) … Read more

Critical Analysis: Australia and Japan head to the ICJ

From June 26th to July 16th the International Court of Justice (ICJ) will hear arguments from Australia and Japan over the dispute concerning Japan’s whaling program. This will be Japan’s first appearance as a party before the ICJ. The court proceeding began in 2010 and has so far cost Australia over $20 million dollars. Australia … Read more

Australia’s High Court says “no” to Spousal Privilege

The Australian High Court

OK, so this is written like a research project, but, hey, I’m the FCIL Librarian. Comparative law raises many issues, and this comment is not meant to be a complete exploration of all the possible issues raised in comparing Australian and US laws, but given the common law heritage of the United States and Australia, … Read more