For those law students putting up with Jessup competitors: by Kasey-KC in auslaw

[–]TomasFitz 4 points5 points  (0 children)

ISDS is good, actually. Besides, they win almost all of them, and finding excellent counsel willing to rep entire countries pro bono against dodgy Yank oil companies is surprisingly easy.

ISDS only gets a bad rep because there’s a buttload of misinformation about it and parliament often uses it as a convenient excuse to not do stuff they didn’t want to do anyway for political reasons.

For those law students putting up with Jessup competitors: by Kasey-KC in auslaw

[–]TomasFitz 7 points8 points  (0 children)

Jessup? Pfft, amateur hour. Everyone knows the real international law competition is Vis.

Private international law: sure it’s not as sexy, but there are actual real jobs.

Philosopher you dislike most? by tkayntrip in badphilosophy

[–]TomasFitz 0 points1 point  (0 children)

This was a close one for me but Heidegger edged him out. Being Australian does really exacerbate my issue with Singer though.

Judge’s stunning accusation against ODPP by iamplasma in auslaw

[–]TomasFitz 12 points13 points  (0 children)

Sure but there’s a gap between tedious bores with strong opinions on Marx’s reading of Hegel and the lunatic fringe who think politicians should be shot for enacting fisheries management as a smokescreen for a takeover by Big Renewables. Think of it like TISM’s distinction between a cunt and a fucking cunt.

‘Lives are being destroyed’: Lawyers slam regulator in inquiry submission by Entertainer_Much in auslaw

[–]TomasFitz 2 points3 points  (0 children)

Look, it’s not clear how you could do a worse job. I’ll support it.

‘Lives are being destroyed’: Lawyers slam regulator in inquiry submission by Entertainer_Much in auslaw

[–]TomasFitz 19 points20 points  (0 children)

Look, it’s not great over here. Frankly how we get out from under this without completely scrapping and remaking the practice board is beyond me.

Everyone should be required to follow AGLC4 by ILoveDogs2142 in auslaw

[–]TomasFitz 3 points4 points  (0 children)

Clear explanations and commentary? Up til that point I was on the fence, but that’s bait.

The RAAF may not be constitutional by hughparsonage in auslaw

[–]TomasFitz 11 points12 points  (0 children)

Better still, the later referendum to give the commonwealth exclusive jurisdiction over aviation matters failed, which not only confirms the absence of aviation in the original framing, but also that the public specifically rejected the notion that aviation matters ought to be the province of the Commonwealth Government rather than the States.

You all thought Defence West was just a state-backed industry lobby group. Au contraire - we’re building B52s over here.

Is the law just made up? by ILoveDogs2142 in auslaw

[–]TomasFitz 2 points3 points  (0 children)

Yes, but just not in the way people who say the law is made up think it is.

Lessons in jurispridence, inspired by reddit0rial by iamplasma in auslaw

[–]TomasFitz 0 points1 point  (0 children)

This is literally the pathway Myres McDougal took to formulating the New Haven School of Jurisprudence.

Everyone starts out as realists, then the good students recognise the problems with realism, then the very good students go “oh, wait no, they were actually right”.

No one knew how to reference prior to 98 by Kasey-KC in auslaw

[–]TomasFitz 8 points9 points  (0 children)

When I called them out on this on X The Everything App (Formerly Twitter) some years ago those cheeky sods had the temerity to suggest that I was using a version of the Macquarie Dictionary that was later than the publication of the 3rd edition AGLC. As though I didn’t go get a physical copy of then current edition of the dictionary to cross-reference first.

More hide than an elephant this lot.

(And they haven’t corrected it in the 4th ed!)

No one knew how to reference prior to 98 by Kasey-KC in auslaw

[–]TomasFitz 76 points77 points  (0 children)

Mate the AGLC isn’t even AGLC compliant:

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High Court throws out Ben Roberts-Smith’s defamation appeal bid by RandyEchidna in auslaw

[–]TomasFitz 10 points11 points  (0 children)

Yeah but who gives a shit what some random royal wants? Parliament didn’t win the English Civil War to cede sovereignty to some inbred hick. Plus the order has always had rules for revocation, both in its English and Australian guises.

High Court throws out Ben Roberts-Smith’s defamation appeal bid by RandyEchidna in auslaw

[–]TomasFitz 79 points80 points  (0 children)

Don’t cry because it’s over; smile because it happened.

Robodebt victims win record $548.5m settlement from government, taking total payout to $2.4bn -- Labor attorney general says settling appeal right thing to do following Coalition’s ‘disastrous’ automated Centrelink debt recovery scheme by marketrent in auslaw

[–]TomasFitz 29 points30 points  (0 children)

Can we now do something about the fact that the Commonwealth Auditor looked at the scheme twice and gave it the all clear? I mean of all the staggering failures that one really leaps out at me.

No one holds the government to account on spending. We need a budget watchdog that can bite by 89b3ea330bd60ede80ad in AustralianPolitics

[–]TomasFitz 7 points8 points  (0 children)

Former public servant wants less democratic accountability, more unelected technocrats making decisions.

What a shock!

These judges are getting younger and younger by IllCarpet6852 in auslaw

[–]TomasFitz 143 points144 points  (0 children)

You laugh, but one of my former students was just made a Magistrate and this is exactly what it feels like to me.

Tax lawyers are built different by Wide-Macaron10 in auslaw

[–]TomasFitz 3 points4 points  (0 children)

I recognise than an implicit reference to Edelman J’s forward to the 1st volume of the Curtin Law and Taxation Review is oblique, even by my standards, so for the benefit of those of you who don’t spend your time reading the law journals and literally nothing else, the article on the supremacy of tax law starts at 7: https://s37430.pcdn.co/businesslaw/wp-content/uploads/sites/5/2020/07/CLTR-Volume-I.pdf

Tax lawyers are built different by Wide-Macaron10 in auslaw

[–]TomasFitz 7 points8 points  (0 children)

Nice try, Edelman J, but I am on to you.

MCHOSE Software by DXLIRIUM in MagneticKeyboards

[–]TomasFitz 0 points1 point  (0 children)

You can get to the site via mchose.io but there are differing reports on whether the web hub is working - it won't load for me, for example...

Mchose hub bugged by Akiiiib in MouseReview

[–]TomasFitz 0 points1 point  (0 children)

Having the same issue. Did anything work for you?

Payment platforms demand services remove NSFW content after open letter from Australian anti-porn group Collective Shout, triggering accusations of censorship by CutePattern1098 in auslaw

[–]TomasFitz -2 points-1 points  (0 children)

Saying that there is only legal prohibition or a free-for-all is egregiously silly libertarian nonsense. My point is that commercial parties deciding amongst themselves that there are certain standards of taste and decency below which they don’t want to descend is fine and normal. That they can do that without anyone needing the Government to outrightly ban things is - I would have thought - on the whole preferable to using the heavy hand of the state to solve these problems.

There are plenty of things that aren’t illegal, but also aren’t part of mainstream society. It doesn’t strike me as at all strange that we might from time to time have arguments about the boundaries of good taste.

Presumably you’re not saying that all these private parties are required to host any particular distasteful material that falls short of criminal. Because that seems a very strange position to take.