Tiered Community Membership in Australia: The Impact of Constitutional Concepts and Contemporary Developments on Refugee Access to Citizenship

This article explores various ways in which Commonwealth legislation and government policy have shifted in recent years to increase both the legal barriers to inclusion for migrants seeking to become part of the Australian community, and the circumstances in which those already legally recognised as members of the community can become susceptible to exclusion. It examines the ways in which these shifts have produced new “tiers of membership” within the Australian community, and discusses the implications of this, both from a constitutional perspective and on affected individuals. The article illustrates that these shifts have affected some groups of migrants more than others. Relevantly, given the subject of this special issue, they have had a disproportionately detrimental effect on refugees who arrive in Australia by boat seeking asylum.     

Digital technology: its impact on copyright law and practice in North America

Legal context. The effect of rapid technological change on copyrightlaw in Canada and the United States, and in particular on thebalance between creators' rights and users' rights. Key points. Copyright law involves a balance between the rightsof both creators and users. When initially faced with fast-evolvingdigital technology, the courts struggled with the balancingact and tipped it in favour of users' rights. The Supreme Courtof Canada elevated various exceptions to infringement to userrights, and cautioned against a low standard of originalitywhich would favour creators' rights. The US Court of Appealsremarked that introduction of new technology is disruptive tocopyright owners whose works are sold through traditional mechanisms;and others suggested that a bias in favour of owners rightsmay have well impeded the development of digital culture. Despitethe initial struggles, legislative changes, market forces andrecent deference by the courts to the balancing of various interests,have slowly restored the copyright balance, even when facedwith rapid technological change. Practical significance. Copyright litigants must give carefulconsideration to the balance between creators' and users' rights,and be prepared to justify traditional copyright protectionin fields of new technology.