Papers by Eli Bernstein
Bernstein, Eli. 'When is free speech free?' Institute of Public Affairs Review: A Quarterly Revie... more Bernstein, Eli. 'When is free speech free?' Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, Vol. 67, No. 3, Sep 2015: 32-33. ISSN: 1329-8100.
The recent shooting at the 'Draw Mohammad' event in Texas, like the Charlie Hebdo attacks in Paris a few months earlier, raises important questions about where the limits of free speech should be drawn, or whether they should be drawn at all.
Game theory seeks to explain the competitive and cooperative behaviour of rational decision makin... more Game theory seeks to explain the competitive and cooperative behaviour of rational decision making. This series of articles seeks to apply game theory to child custody disputes, a field intuitively assumed to be most prone to irrational behaviour. In these articles, I make the case that even the most emotionally-laden issues can be largely influenced by economic decision-making.
[In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.]
In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved in child custody disputes.
Game theory seeks to explain the competitive and cooperative behaviour of rational decision makin... more Game theory seeks to explain the competitive and cooperative behaviour of rational decision making. This series of articles seeks to apply game theory to child custody disputes, a field intuitively assumed to be most prone to irrational behaviour. In these articles, the author makes the case that even the most emotionally-laden issues can be largely influenced by economic decision-making.
In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.
[In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved in child custody disputes.]
The doctrine of ‘felony murder’ (also known as ‘constructive murder’) states, in its broadest for... more The doctrine of ‘felony murder’ (also known as ‘constructive murder’) states, in its broadest form, that “any death occurring during the course of a felony is murder.” Felony murder stands unique amongst other forms of murder in that “it is immaterial that the person did not intend to hurt any person” . Thus, the prosecution need not prove intent to satisfy a guilty verdict of murder. It is this missing element that has been the subject of much criticism.
The controversial doctrine has been abolished in the UK, Ireland, India and Canada, but continues to operate, albeit in a narrower form, in 43 US states and in Australia. While this paper examines the doctrine from a Western Australian perspective, the case for and against the doctrine could be similarly applied to other jurisdictions.
The twenty-first century will see new difficulties for international law as it struggles to come ... more The twenty-first century will see new difficulties for international law as it struggles to come to terms with how it deals with non-state actors and belligerent states. The issues surrounding the formation of the Islamic State and its declaration of statehood represents a prime example of the challenges of applying old doctrines to an ever-changing world.
‘Though in recent decades a proliferation of non-state actors has changed the landscape of the international community, the state itself remains a critical component of international law and international relations’. This paper seeks to establish the legality, or otherwise, of the declaration of statehood by Islamic State in 2014.
This article presents a review and discussion of Tim Ancev’s article titled ‘Equity crowdfunding ... more This article presents a review and discussion of Tim Ancev’s article titled ‘Equity crowdfunding in Australia: a regulatory balancing act’ (2015) 33 Company and Securities Law Journal 352. The article discusses the emerging issues surrounding equity crowdfunding and the manner in which technology is presenting new challenges for regulators. Ancev’s article provides a good overview of the topic and recommends an experimental path forward through this uncertain future.
Articles: on liberty and the law by Eli Bernstein
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Papers by Eli Bernstein
The recent shooting at the 'Draw Mohammad' event in Texas, like the Charlie Hebdo attacks in Paris a few months earlier, raises important questions about where the limits of free speech should be drawn, or whether they should be drawn at all.
[In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.]
In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved in child custody disputes.
In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.
[In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved in child custody disputes.]
The controversial doctrine has been abolished in the UK, Ireland, India and Canada, but continues to operate, albeit in a narrower form, in 43 US states and in Australia. While this paper examines the doctrine from a Western Australian perspective, the case for and against the doctrine could be similarly applied to other jurisdictions.
‘Though in recent decades a proliferation of non-state actors has changed the landscape of the international community, the state itself remains a critical component of international law and international relations’. This paper seeks to establish the legality, or otherwise, of the declaration of statehood by Islamic State in 2014.
Articles: on liberty and the law by Eli Bernstein
The recent shooting at the 'Draw Mohammad' event in Texas, like the Charlie Hebdo attacks in Paris a few months earlier, raises important questions about where the limits of free speech should be drawn, or whether they should be drawn at all.
[In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.]
In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved in child custody disputes.
In the first article, Game Theory is introduced at a rudimentary level and then applied to the first recorded child custody dispute – the judgement of King Solomon. The King’s irrational suggestion to split the child in half appears rational once game theory is applied. Further, the behaviour of the two protagonists can be explained using game theory models.
[In the second article, the Australian family dispute resolution is introduced. Game theory is then applied to produce a framework which shows the interaction between cooperative and competitive behaviours along with the various steps of the dispute resolution process from mediation through to litigation. Game Theory is shown to provide a useful method for judges, arbitrators and policy-makers to predict and influence behaviours of those involved in child custody disputes.]
The controversial doctrine has been abolished in the UK, Ireland, India and Canada, but continues to operate, albeit in a narrower form, in 43 US states and in Australia. While this paper examines the doctrine from a Western Australian perspective, the case for and against the doctrine could be similarly applied to other jurisdictions.
‘Though in recent decades a proliferation of non-state actors has changed the landscape of the international community, the state itself remains a critical component of international law and international relations’. This paper seeks to establish the legality, or otherwise, of the declaration of statehood by Islamic State in 2014.