@Legal_Ministry@SSRN@PrawfBainbridge Bad news! I had also been making publications available on BePress until they cancelled individual access. Sad to see open access options for legal scholarship being reduced!
Now that I look again I see the things you mention are probably not covered- consulting other student’s notes is fine so long as they are not copied into your answer! You are quite right about enforcing the Berkley policy being quite hard! Interesting to know if they have any suggestions.
Natasha, as someone who know a bit about Australian law I very much think a High Court appeal should be sought; in my view the judgment is wrong even based on the current SDA, especially the interpretation of the special measures exemption under s 7D. My post here comments: https://t.co/dFQ72MglTu
An excellent analysis by Kat. I see it turns out she was responding to comments made about the trial decision, not the appeal. But her analysis of the appeal decision is very good. FWIW I absolutely support an appeal to the High Court and would encourage everyone to contribute to funding it. My view is that the appeal court got the current law wrong but we also need amendments to the SDA.
@jeremy_gans Correct Jeremy, the civil immunity applicable in Australia (D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1) was abolished in the UK some time ago- see Arthur JS Hall v Simons [2000] 3 WLR 543, followed by the New Zealand Supreme Court in Chamberlains v Lai [2007] 2 NZLR 7.
@QcWynter Colin I have posted some comments on the legal issues here: https://t.co/4jyZDkuUsh . Sall sums it up well- the Giggle case is based on the "special measures" exception in the SDA and I think should succeed (but hard to predict!)
@HusaJaakko Thanks. It seems the bit the court were concerned with was a statement about human biology. Without seeing the whole document surely this was also a statement supported by religious views? Anyway it would be good to see the whole thing. Thanks again for the summary!