Legal Plunder: Frédéric Bastiat’s Insights in “The Law”

If I were to recommend a great old book about legal topic, it must be “The Law”, written by Frédéric Bastiat. First published in 1850, this book spans only 55 pages. This little gem is a classic treatise on the nature of law, and its role in society. C.S. Lewis suggested that we should focus…

Groundbreaking Legal Sentence: Rehabilitation through Law School

Renewing ourselves involves morning learning from the news like “Rehabilitation through Law School”. As a law student, I’m intrigued by this groundbreaking “Federal Sentence Includes Law School’’ (link below) for a cocaine trafficking case – Ms. Madill was accused of trafficking cocaine in 2018. I have several questions after reading this unique sentence. What is…

Freedom: A Bold Decision

Freedom Freedom. It is a big topic. But who could live without freedom? So let me try to share something valuable in this article. Instead of diving into some abstract concepts, I want to tell you a short story. A little girl was diagnosed with heart disease and one of their doctors told her father…

Should Equitable Confidentiality Protect Privacy?

(Words: 4448 excluding bibliography and this line) Introduction The privacy issue is a growing concern of the public in modern society and has attracted academic debates for centuries. This essay opens by reviewing the elements of the equitable doctrine of confidentiality and the origin of legal concepts of both confidentiality and privacy. In the first…

POLICY BRIEF – Should We Repeal Section 12A of ASIC Act 2001?

– – Reflection Based on ALRC Background Paper FSL9 — EXECUTIVE SUMMARY Australian Law Reform Commission (ALRC) Background Paper FSL9 (link) argues that the proliferation and overlapping of existing legislations, namely ss 12CA and 12CB of the Australian Securities and Investment Commission Act 2001 (Cth), adds ‘’unnecessary complexity in the law’’, [1] therefore, it’s necessary…

Torts Law – Negligence

‘’Porter v The West Bloke Hotel’’ (This is a fictional case) Advice to Elliot 1, Duty of Care Analysis The occupier of premises must exercise the standard of care accordingly.[1] The West Bloke Hotel has full control over the premises, therefore has the duty to ensure the safety of the entrants. Elliot is not the…

Does Section 20A Need Amending or Not?

[Legislation: Criminal Law Consolidation Act 1935 (South Australia)] I   INTRODUCTION Criminal offence typically consists of two components: physical elements and fault elements. But s 20A of the Criminal Law Consolidation Act 1935 (SA) (‘CLCA’) regarding ‘’choking, suffocation or strangulation” (‘’CSS’’), particularly par. (1) of s 20A, seems to be completely silent on the fault elements,…