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The Latest Articles by Michael Bradley

What should we make of Walter Sofronoff’s contact with News Corp’s Janet Albrechtsen?

It’s not a clean win for Shane Drumgold, but then again nobody ever wins in this messy affair.

Crikey

If ASIO has evidence of Burgess’ allegations, we should know who he’s talking about

The motivation behind keeping the identity of the politician a secret is likely due to two factors: fairness and defamation.

Crikey

Frozen embryos are now people in Alabama as the US tips closer to theocracy

In a ruling guided by pure biblical interpretation, frozen embryos — microscopic collections of cells — are now legally people in Alabama.

Crikey

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The conversation we need to have about Australia’s neo-Nazis

NSW Premier Chris Minns believes unmasking, naming and shaming Australia’s neo-Nazis is the best deterrent. But is it?

Crikey

Even if the ABC wins Antoinette Lattouf’s case, it will still lose

The national broadcaster’s mishandling of the Lattouf situation is an ongoing legal and reputational disaster, the latest in a long line.

Crikey

Does international law provide support for the unilateral military attack against the Houthi?

What does the law say about the US-UK military attack against Houthi rebels in Yemen being an exercise of ‘the inherent right of self-defence’?

Crikey

Why is South Africa pursuing Israel at the International Court of Justice? A lawyer explains

South Africa alleges Israel is violating the Genocide Convention. But will the case have any impact or is it purely performative?

Crikey

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A user’s guide to the Bruce Lehrmann defamation trial

As the Lehrmann defamation trial moves to its closing submissions, most of the fireworks are over. But looking forward, it’s a perfect time to outline all its flashes and flares.

Crikey

Refugee NZYQ will get substantial compensation for false imprisonment. It’s unpalatable but just

It may seem wrong for a convicted child sex offender to receive compensation from the government, but it reflects justice in all our interests.

Crikey

This isn’t America — covert recordings are admissible in Australian courts. Here’s why

Despite what ‘Law & Order’ may have taught us, the judge in the Bruce Lehrmann defamation case has much to consider regarding secretly recorded conversations related to the trial.

Crikey

Labor and the Coalition race to the bottom on detention as two bills pass

Locking people up because we fear what they might do, instead of addressing the problems that our system doesn’t prevent, is antithetical to the rule of law.

Crikey

John Howard’s legacy thwarts progress on voluntary assisted dying

The former PM very deliberately introduced legislation to make it a federal crime to help someone commit suicide.

Crikey

Banning the Nazi salute won’t kill fascism’s re-emergence in Australia

Banning the Nazi salute will do nothing to stop the rise of fascism in Australia — just as Labor following Peter Dutton’s directions won’t lead it anywhere it wants to go.

Crikey

Government’s NZYQ migration amendments are unconstitutional — I’m sure of it

The government’s new laws in the wake of the High Court’s decision to release 83 detainees are punitive and flout our established legal conventions.

Crikey

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Crikey

International law does not allow Israel to kill or harm children and bomb hospitals

The rules of war are clear: children and patients in hospital are immune from assault in all circumstances. Israel has no legal cover.

Crikey

Benbrika result highlights the problem with ministers, not courts, wielding citizenship rights

Who has discretionary power over who gets to be an Australian citizen or not? The High Court is wrestling control from the government, which seems unwilling to cede it.

Crikey

It is moments like this that keep me going as a lawyer

With one decision, the High Court has fundamentally reset the law when it comes to cases of childhood sexual abuse, enabling survivors long shut out of the justice system to seek redress.

Crikey

Conservatives get ahead of ‘misinformation’ by spreading misinformation

The Conservative Political Action Conference, one of the prime movers in the new right of Australian politics, is getting ahead of the ball on spreading mistruths about our constitutional rights.

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Crikey

Who’d blame Indigenous peoples for opting out of the idea of Australia entirely?

With the Voice to Parliament defeated, we have told Indigenous peoples that their wish to be heard isn’t viable. What options does that leave?

Crikey

In the law’s absence, few resolution pathways remain for Israel-Palestine

Without law as a guide, there’s no obvious answer to the intractability of competing claims to Jerusalem, nor for the land of Israel and Palestine.

Crikey

Courts are the ultimate backstop of democracy and can’t fail the Trump test

The media have failed to call the former US president to account. We now must rely on the legal system to finally pull him into line.

Crikey

How do Pezzullo’s texts stack up against the public service code of conduct?

Unless the leaked messages from the country’s most powerful mandarin are the fraud of the century, he’s a goner.

Crikey

If Peter Dutton isn’t an outright liar, he’s a clear-eyed believer of his own untruths

Opposition Leader Peter Dutton always looks sincere. The trouble is that he says things that are objectively untrue, things he cannot possibly believe.

Crikey

Regulating the marketplace of lies we call the internet

Labor’s bill, designed to combat misinformation and disinformation online, has drawn strong opposition. But are its critics overreacting?

Crikey

‘Of good character’: Why referees such as Kutcher and Kunis shouldn’t be an option

Many a rapist is ‘a good bloke’ if character references are anything to go by. But most rapists are serial and thus most definitely not good blokes.

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