Michael Douglas

QUESTIONING THE RIGHT TO BE FORGOTTEN

The Internet has an almost unlimited capacity to remember, which has been described as the problem of ‘digital eternity’. Digital eternity presents a challenge for the protection of the right to privacy. This article questions Europe’s controversial response to that challenge in the so-called ‘right to be forgotten’. Since May 2014, search engine providers like Google have been required to remove thousands of links to personal data upon request. The article identifies the practical and ethical difficulties that come with observance of the right to be forgotten.

Characterisation of a foreign maritime lien by the lex fori

ABSTRACT In The ‘Halcyon Isle’, a bare majority of the Privy Council held that questions as to the recognition of a foreign maritime lien are to be determined by the lex fori. The case divided the common law world. Recently, in The Ship ‘Sam Hawk’ v Reiter Petroleum Inc, the Full Court of the Federal Court of Australia held that The ‘Halcyon Isle’ should apply in Australia. The practical effect of the decision is that it will prevent many creditors, who could assert the existence of a maritime lien under United States law, from proceeding in rem in Australia. The case is also notable for providing a rare discussion of characterisation in a choice-of-law problem. This comment explores what The ‘Sam Hawk’ means for maritime law and private international law more broadly.

Australia's Law Graduate Glut

Australia has too many law graduates and not enough jobs in law. Law graduates are finding employment outside of the profession, but we lack data on whether law graduates do not practise by choice, or by necessity. This article addresses this ‘law graduate glut’, its causes, and what should be done about it. The article identifies options for increasing the supply of positions for law graduates and reducing the supply of law graduates.