Accessing and Reusing Copyright Government Records

Accessing and Reusing Copyright Government Records

John Gilchrist

10 Law and Justice Journal 213 (2010)

Full text available at:

http://www.law.qut.edu.au/files/4.Access_and_Reuse_GILCHRIST_3.pdf

Abstract

The common policy objectives in modern liberal democracies of promoting open and accountable government and of preserving national culture and heritage are reflected in the provision of access to, and the preservation of unpublished and published works held by government. A wide spectrum of social enquiry is in whole or in part dependent on these government preserved holdings.

The policy objectives in Australia are manifested in two ways. One is in government archival practices and laws. The other is in the Australian Copyright Act 1968 facilitating access to, and the preservation of, unpublished and published works held by archives and libraries. While preservation of these works and the costs associated with it are in themselves a recognition of the public interest in accessing works held by archives and libraries, existing laws and practices facilitating access should be reviewed in light of technological changes in way we access, create and communicate works and in light of further moves towards openness in government.

This article outlines present archival practices and laws in Australia, and the scope of Copyright Act provisions,  before turning to reform. The focus will be on the Australian federal sphere.

Indigenous Rights Case Law Database from CEPMLP

Court Interpretation of Indigenous Agreements: Database

The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) – University of Dundee (Scotland)

http://www.dundee.ac.uk/cepmlp/mining/indigenous/

From the database description:

This database has been compiled from over 200 cases and articles from courts/tribunals in Australia, Canada, New Zealand and the United States of America. The decisions collated for the database are those that interpret or apply documents involving indigenous parties. The database records, for each decision:

  • a brief summary of the decision (including URL where available);
  • the details of the document(s) involving indigenous parties; and
  • a summary of the court’s/tribunal’s engagement with that document.

The database’s search function allows users to focus and find decisions and articles according to particular need. For example, if researching the relevance of fiduciary obligations in relation to indigenous agreements, the database allows quick collation of all materials relevant to that.

 

 

 

 

 

Article: The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

SSRN has posted an article on the use of foreign law by constitutional and supreme courts. The author looks at the use of foreign law in constitutional law cases by courts in Australia, Austria, Canada, France, South Africa,  and Switzerland. The article is only available in Spanish.

The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

Rodrigo Brito Melgarejo

In Dret, Volume 2 (2010)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639031

http://www.indret.com/pdf/720_es.pdf

Abstract:

Despite the relevance of comparative law in constitutional adjudication has repeatedly been at the center of heated debates, in recent years, an increasingly transnational constitutional dialogue between justices has developed in many countries. Some members of a large number of constitutional courts have embraced the possibility of considering the constitutional decisions of other nation’s courts because the potential benefits of comparative constitutional learning are many. Considering other national court decisions or explaining disagreements with them, for example, may stimulate judges to rethink principles or priorities in ways that alter their own constitutional perspective and to find new valuable arguments that renew its own stock of constitutional ideas.

This paper aims at analyzing the way some constitutional courts are using foreign decisions in constitutional interpretation and tries to demonstrate that comparative constitutional reasoning tends every day more vigorously to universality.

Article: The Common Law and the Constitution as Protectors of Rights in Australia

Interesting article comparing fundamental rights, judicial review, and  parliamentary supremacy in Australia, the United States, Canada, New Zealand, and Britain.

The Common Law and the Constitution as Protectors of Rights in Australia

Anthony Gray (University of Southern Queensland)

39 Common Law World Review 119 (2010)

Available online via LexisNexis.

Costs and Funding of Civil Litigation: A Comparative Study

Christopher  Hodges, Stefan Vogenauer and Magdalena Tubilacka have published the following article on SSRN:   Costs and Funding of Civil Litigation: A Comparative Study.

Costs and Funding of Civil Litigation: A Comparative Study

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1511714

Countries studied are Australia, Austria, Belgium, Bulgaria, Canada, China, Czech Republic, Denmark, England and Wales, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Scotland, Singapore, Spain, Sweden, Switzerland, Taiwan, USA.  

The Appendices look very interesting

I. Questionnaire 49

II. Contributors to the Comparative Study 53

III. Ranges of Lawyers’ Hourly Rates 55

IV. Case Studies: Minimum costs risk for claimant 58

V. Summaries of amounts of Court Fees and Lawyers’ Fees 73

VI. Success and Contingency Fees 81

VII. Abbreviations 83

Rule of Law Index

The World Justice Forum meeting in Vienna, Austria has just released the Rule of Law Index. The Index uses numerical indicators to gauge the strength of rule of law in 35 countries, including developed and developing countries.

Here are the 4 broad criteria , with sub-categories, used to create the scores  for each country. It includes compliance with international law.

1. Accountable Government

Government powers limited by constitution

Governmental and non‐governmental checks

Accountable government officials and agents

Accountable military, police, and prison officials

Compliance with international law

 

2. Publicized and stable laws that protect fundamental rights

Laws are clear, publicized and stable

Laws protect fundamental rights

Laws protect security of the person

Laws protect security of property

3. Accessible, fair, and efficient process

Accessible process

Fair and efficient administration

 

4. Access to Justice

Impartial and accountable judicial system  

Efficient, accessible and effective judicial system

Competent and independent attorneys or representatives

Fair and efficient alternative dispute resolution

Rule of Law Index 2009

http://www.abajournal.com/files/WJP_RuleOfLawIndex.pdf

Best Guide to Canadian Legal Research

Catherine Best, a research lawyer at Boughton Law Corporation, maintains the eponymous Best Guide to Canadian Legal Research. This is an easy to navigate site that not just lists resources, but also includes explanatory notes for specific titles or databases.  Both free and pay sites are discussed. Additional guides are available for Australia, European Union, International Law, New Zealand and the UK.  

Hat tip to George W. for finding this great site.

Best Guide to Canadian Legal Research

http://legalresearch.org/

Article on legal research in Australia

DEVELOPING LEGAL RESEARCH SKILLS: EXPANDING THE PARADIGM

Terry Hutchinson

32 Melb. U. L. Rev. 1065 (2008)

Article abstract:

This article explores the development of tertiary legal research skills education in Australia in the underlying context of Australian legal education and the transformation of legal research resulting from advances in information technology. It argues that legal research is a fundamental skill for lawyers and that research training in a law, degree must cater for the vocational needs of the individual student w1hether their ultimate focus is practice or higher degree research. It argues that the traditional doctrinal paradigm of legal research is no longer sufficient for modern lawyers and that exposure to additional methodologies needs to be included in research training units. This article argues that w1hile legal research skills education has changed it must continue to develop in order to better cater for the needs of students, the profession and the academy in the contemporary legal environment.

Recent Paper on Data Breach Notification Law Around the Globe

A new paper on data breach notification law around the globe is available:

Alana Maurushat, “Data Breach Notification Law Across the World from California to Australia” (April 2009). University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series 2009. Working Paper 11.

The abstract reads:

Data breach notification and disclosure laws are emerging around the globe. The following article and table examine the specifics of data breach notification frameworks in multiple jurisdictions. Over the year of 2008, Alana Maurushat of the Cyberspace Law and Policy Centre, with research assistance from David Vaile and student interns Renee Watts, Nathalie Pala, Michael Whitbread, Eugenie Kyung-Eun Hwang and David Chau, compiled the data. The table represents a detailed survey of data breach disclosure requirements in 25 countries, conducted by surveying those current or proposed statutory or similar instruments setting out the nature and conditions of such requirements to give notice. The Centre hopes that the table will be useful to compare and contrast elements of data breach notification schemes. The researchers at the CLPC will research the effectiveness of such schemes in future projects.

Hat tip to DocuTicker.

Fee Fie Foe Firm: law firm search engine

Many thanks to our colleagues in Australia and Malaysia for pointing out Fee Fie Foe Firm, a specialized search engine that indexes law firm Web sites. Separate search engines exist for Australia, Canada, New Zealand, UK and the U.S. The search engines include law firm attorney profiles as well as law firm publications.  

Fee Fie Foe Firm Australia  http://www.feefiefoefirm.com/au/

Fee Fie Foe Firm UK
http://www.feefiefoefirm.com/uk/

Fee Fie Foe Firm US
http://www.feefiefoefirm.com/

Fee Fie Foe Firm NZ
http://www.feefiefoefirm.com/nz/
Fee Fie Foe Firm Canada
http://www.feefiefoefirm.com/ca/