Legal studies exercise based on the article "Rapid technological developments and slow legal developments – A call for judicial activism" by Dan Jerker B. Svantesson: (2011) 36(1) Alternative Law Journal pp 33-35.

This article argues that judges do make law, and judges should make law. It also shows that such judicial activism is particularly necessary to address the legal issues that surround the rapidly developing information technologies. The recent case of Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd, in which the New South Wales Supreme Court held that downloadable software does not amount to goods, is used as an illustration of the problems that arise where judges shy away from law-making. The judgment is significant in its own right as it means that at least some buyers of downloadable software are not given the same protection as are those buying software attached to a physical medium such as a CD or a DVD. However, even more importantly, the Gammasonics case is symptomatic of how the rapidly developing information technology creates a demand for greater judicial activism.

Legal studies exercise based on the article "The Honeymoon Killer: Plea bargaining and intimate femicide'' by Asher Flynn and Kate Fitz-Gibbon: (2010) 35(4) Alternative Law Journal pp 203-207.

In 2003, Christina Thomas died scuba diving while on her honeymoon on Queensland's Great Barrier Reef. After more than five years of delays, her husband accepted a plea bargain, pleading guilty to manslaughter on the basis of criminal negligence. This article questions if the need to respond to court inefficiences and under-resourcing are seen as creating pressures which can result in a desire for increased efficiency prioritised above other justice concerns.

Legal studies exercise based on the article 'Walking in her shoes: Battered women who kill in Victoria, Western Australia and Queensland' by Anthony Hopkins and Patricia Easteal: (2010) 35(3) Alternative Law Journal pp 132-137.

In the light of the common law doctrine of self-defence in Australia, this article considers legislative reforms in Victoria, Western Australia and Queensland to determine the extent to which they require judges and jurors to walk in the shoes of battered women in pursuit of an evaluation of reasonableness. It will be argued that, with the exception of Queensland, which has emphasised the necessity to judge reasonableness from the perspective of the battered woman only in so far as this may enable a verdict of murder to be reduced to manslaughter, the reforms have clarified or extended the common law position.

Legal studies exercise based on the article "L-Plates, logbooks and losing out: Regulating for safety - or creating new criminals?'' by Bronwyn Naylor: (2010) 35(2) Alternative Law Journal pp 94-98.

Many Australian states now require substantial hours of supervised driving before a learner can take a licence test. The new requirements are important for safety, but unintended consequences include criminalising and excluding young people already disadvantaged by economic, geographic and cultural factors.

Legal studies exercise based on the article "Reworking Australia's referendum machinery'' by Paul Kildea and George Williams: (2010) 35(1) Alternative Law Journal pp 22-26.

This article This article outlines the shortcomings of the current referendum legislation, including a failure to aid voter understanding and a shortage of opportunities for meaningful public engagement, and puts forward several suggestions for reform.

Legal studies exercise based on the article "Causes of inaction: Barriers to accessing legal aid services'' by Tracey de Simone and Rosemary Hunter: (2009) 34(4) Alternative Law Journal pp 265-269.

This article explores the ways that social welfare organisations can unconsciously exclude their clients.

Legal studies exercise based on the article "Assisted theft: Compulsory land acquisition for private benefit in Australia and the US'' by Andreana Reale: (2009) 35(2) Alternative Law Journal pp 147-151.

This article questions if freehold title is as vulnerable as native title under the Northern Territory.

Whose rights? Children, parents and discipline by Bronwyn Naylor and Bernadette Saunders: (2009) 34(2) Alternative Law Journal pp 80-85.

This article outlines the current state of the law on the physical discipline of children, and draws attention to the politics and symbolism of the ongoing debate. The authors contend that the renewed debate in Australia about incorporating international human rights into a federal Bill of rights, and the recent enactment of rights legislation in the ACT and Victoria raise new ways of considering the physical discipline of children as bearers of rights. They argue the case for law reform in Australia as taking seriously children's rights to protection from physical violence remains an unresolved challenge.

Legal studies exercise based on the article "All the right moves? Police 'move-on' powers in Victoria" by James Farrell: 2009 34(1) Alternative Law Journal pp 21-26.

Executive arms of government are increasingly widening the scope of police powers relating to the use and regulation of public spaces. These powers, referred to as 'move-on powers', allow police to direct users of public space to move on. This article discusses the difficulty in justifying the introduction of move-on powers to reduce anti-social behaviour, as such behaviour is difficult to define without unreasonable levels of ambiguity and subjectivity. This article concludes that these powers are exercised in a discriminatory fashion across Australian jurisdictions, and any attempt to introduce move-on powers in Victoria will simply grant police discretionary powers which do not reduce crime, but will alienate minority groups and prevent the engagement of many groups in community spaces.

Legal studies exercise based on the article "Design and Children's courts'' by Penny Crofts et al (2008) 33(4) Alternative Law Journal pp 229-234.

This article examines the impact of design on the capacity of young people to participate in a meaningful way in Children's Courts proceedings.

Legal studies exercise based on the article "To Judge is 'To sleep: perchance to dream: Ay there's the rub''' by Sarah Murray (2008) 33(3) Alternative Law Journal pp 151-154.

This article examines the dilemma posed by judges who fall asleep during a trial. The article suggests that, in such cases, justice can't be seen to be done and therefore public confidence in the justice system is undermined.

Legal studies exercise based on the article "Interpreting Vicarious Liability with a broad brush in sexual harassment cases'' by Patricia Easteal and Skye Saunders (2008) 33(2) Alternative Law Journal pp 75-108

Anti-discrimination legislation makes employers directly responsible for incidents of sexual harassment by employees in the course of their employment.

Legal studies exercise based on the article "Interpreting Aboriginal justice in the Territory" by Caroline Heske (2008) 33(1) Alternative Law Journal pp 5-9

This article examines problems relating to the provision of interpreters in cases involving Indigenous people and the impact that these problems have on the attainment of a fair trial.

Legal studies exercise based on the article "Policing in an era of human rights" by Tamar Hopkins (2007) 32(4) Alternative Law Journal pp 224-228

This article examines the implications of human rights for policing activities. Although the article refers to the Victorian Charter of Human Rights and Responsibilities, the issues raised are relevant to policing throughout Australia.

Legal studies exercise based on the article "The disenfranchisement of prisoners: Roach v Electoral Commissioner & Anor - modernity v feudalism" by David Brown (2007) 32(3) Alternative Law Journal pp 132-137

An amendment to the electoral laws in 2006 meant that all prisoners would not be allowed to vote. Prior to the amendment, any person serving a sentence of three years or more was disqualified from voting. Vickie Roach, an Aboriginal woman in prison in Victoria, took a case to the High Court questioning the validity of this change in the law. This article discusses the case.

Legal studies exercise based on the article "Trial by jury: Time for a re-evaluation" by Fergal F Davis (2007) 32(2) Alternative Law Journal pp 86-90

This article discusses the right to trial by jury and the extent to which this right can be limited. It looks at the use of the jury trial in terrorism cases and presents an alternative approach used in the Irish Special Criminal Court. The author concludes that changes in the rules of evidence pose a greater threat to a fair trial than adoption of a non-jury trial in some criminal cases.