Socially optimal criminal court waiting times : a partial investigation

Criminal courts provide a forum for conducting prosecutions with a guilty plea or a trial. Since queues are used as the basis for rationing scarce court facilities delays are inevitable, however courts are invariably criticised as being inefficient as a consequence. This focus on court delay defined as the time elapsing between the listing of the case in the court list and its final disposition is misleading. Rather, attention should be drawn to the considerably longer period between the initiation of proceedings and the conclusion of the case. In the case of defendants not granted bail, this pre-trial delay confers both costs and benefits on society and this observation can be used to ascertain socially optimal pre-trial waits.

Employer matters in 2007

The year 2007 may well be remembered as one being short on major industrial disputation, yet one where industrial relations itself dominated public discussion and political life of the country like no other time in Australia's history. It was a year dominated by the electoral cycle, with both organized labour as well as major employers playing their cards very carefully, lest they provide political ammunition to their political and industrial opponents. Thanks largely to the effectiveness of the union movement's anti Work Choices campaign, major employer groups and their political allies the Howard government found themselves fighting a rearguard, and ultimately losing, battle, valiantly trying to defend the Work Choices regime. At year's end, the Liberal government had lost office, Prime Minister John Howard had lost his own seat in Parliament, and the Rudd Labor Government had been swept to power with a clear mandate to dismantle the Work Choices regime. Yet despite this conclusion to a year dominated by debate over industrial relations, it seems that employers had nevertheless lobbied Labor party leaders successfully enough to secure the continuation of many key components of the former Howard government's industrial relations regime.

Measuring offender discount rates : an overview of the issues and a suggested methodology

Criminologists assert that some offenders exhibit impulsive behaviour. If this is correct then this impulsiveness will manifest itself through high discount rates. However discount rates are difficult to observe and measure. In this paper a methodology is proposed, which considerably reduces the complexity of this task, through observing the offender’s actual plea decision. This is a valuable exercise because the results can be usefully utilised in formulating policy as well as providing insights into offender psychology.

The impact of external forces on cartel network dynamics : Direct research in the diamond industry

This paper describes the impact of external environmental forces on cartel networks. Using a case research approach, this report examines two leading business networks within one industry, over time. The results suggest that (a) bargaining power of intermediaries increases with the advent of new and powerful actors, (b) process activities that cartels previously controlled are being outsourced to new actors sometimes based in developing countries, (c) other actors are acquiring resources once dominated by a cartel, (d) external forces triggered by the illegal diamond trade, such as international regulatory constraints, no longer favour cartels like De Beers, and (e) over time, these and additional environment factors are forcing actors like De Beers who perform rigid process activities to become more flexible. For example,forces are moving cartels which relied previously on hand-picked intermediaries in highly controlled networks to market their products to adopt a flexible market-focused expansion of operations in retail contexts.

Greening Australian workplaces : workers and the environment

Workers have in the past have been seen as a hindrance to environmental reform. This has been primarily because of the fear of job loss. The job versus the environment dichotomy that has placed workers and trade unions against environmentalists is unhelpful and believed by many as outdated. Internationally, trade unions have worked together with the United Nations and other international bodies to ensure that the rights of workers have not been ignored in the climate change debate. Significantly workers are now seen as part of the answer. Workers are not a hindrance to environmental reform. Rather they are an important part of finding solutions to climate change and wider environmental sustainability measures in our community. The United Nations Environmental Programme report titled ‘Labour and the Environment; A Natural Synergy’ examines how workers and their representative trade unions can make a significant contribution towards promoting action on climate change and wider environmental sustainability measures in the workplace. The report outlines three broad recommendations which countries can implement to foster a growing ‘synergy’ between the interests of labour and protection of the environment. The advantage of the report is that it discusses the recommendations in the context of existing laws and general regulatory structures common to many countries including Australia. The first two recommendations draw upon labour laws whilst the third is in the area of company law. The first recommendation is the use of enterprise bargaining to incorporate clauses which protect and promote the environment in enterprise agreements commonly called ‘green friendly’ clauses. The second recommendation is the use of occupational health and safety laws as a vehicle for the promotion of environmental standards in the workplace. The third recommendation is the active engagement of corporate social responsibility principles by companies. This article discusses the recommendations in the context of Australian law.

Effect of materials on the urban thermal environment a CFD simulation approach

Use of high albedo materials reduces the amount of solar radiation absorbed through building envelops and urban structures and thus keeping their surfaces cooler. The cooling energy savings by using high albedo materials have been well documented. Higher surface temperatures add to increasing the ambient temperature as convection intensity is higher. Such temperature increase has significant impacts on the air conditioning energy utilization in hot climates. This study makes use of a parametric approach by varying the temperature of building facades to represent commonly used materials and hence analyzing its effect on the air temperature through a series of CFD (Computational Fluid Dynamics) simulations. A part of the existing CBD (Central Business District) area of Singapore was selected for the study. Series of CFD simulations have been carried out using the software CFX-5.6. Wind tunnel experiments were also conducted for validation. It was found that at low wind speeds, the effect of materials on the air temperature was significant and the temperature at the middle of a narrow canyon increased up to 2.52°C with the façade material having lowest albedo.

Effect of labour market reform on women in the Australian banking industry

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Relationship between workplace reform and workforce participation

This thesis sought to advance understanding of the politics of workplace reform, explaining the respective roles of management and employees and how they relate. The literature on workplace reform usually argues that reform is predicated on greater workforce participation in managerial decisions. More specifically, different approaches to workplace reform can be aligned to different forms of participation. Thus quality management can be associated with direct forms of participation, institutional workplace reform may depend on representative forms, and best practice may require a combination of both. This thesis uses empirical evidence to explore this alignment between the different approaches to workplace reform and forms of participation. The period chosen for empirical study is approximately 1985-1992 - an era of rapid innovation in workplace reform for Australian manufacturing. Three workplaces were chosen for intensive study from automotive component manufacturers because that industry was itself a laboratory for workplace reform and also because these firms exemplified different approaches to competitiveness and reform. Three approaches to workplace reform - quality management, institutional workplace reform, and best practice - were distinguished to capture the range of Australian practice at that time. Similarly two approaches to workplace participation were distinguished - direct and representative - to reflect the range of observable practices at that time and to represent competing philosophies. Direct participation illustrated an approach founded in managerial context of the political status quo, whilst representative forms were considered to permit a pluralist shift of power to enable employees to manage in place of management. The three case studies depict companies sharing the competitive crisis of their industry. From this stems the impetus for workplace reform. At this point the firms diverged in their choice of competitive strategies for workplace reform. The case studies reveal, at the superficial level, a match between the chosen approaches to workplace reform and forms of participation. Basically, quality management is associated with direct employee participation, institutional workplace reform with collective bargaining and representative consultative committees, and best practice with both. However when the implementation of reform and participation are examined this match becomes less significant. One firm, Auto Air, achieved highly effective outcomes in both reform and participation. Another firm, Auto Electrical, failed in both. The thesis concluded that the relationship between forms of participation and reform is less significant than the effective implementation of policy. Unitarist or pluralist approaches to power distribution count less than managerial capacity to integrate successive reform initiatives and their commitment to workforce participation hi change.

Noncooperative foundations of the area monotonic solution

Given a finite set of alternatives, players alternate making offers. Player 1 offers some alternative that 2 can accept or veto. If 2 accepts, it is enforced, and the game ends. Otherwise, 2 makes a counteroffer among the remaining alternatives, and so on. If all alternatives are vetoed, a disagreement alternative is enforced. First, we characterize the unique outcome of any subgame perfect equilibrium of this game. Then, we show that this outcome converges to the Area Monotonic Solution if the alternatives are uniformly distributed over the bargaining set, and as the number of alternatives tends to infinity.

A simple two-axiom characterization of the Nash solution

The oldest and best-known cooperative bargaining solution concept is the Nash solution. Nash [2] characterized his seminal solution concept by using the axioms of ‘Independence of Irrelevant Alternatives’ (IIA), ‘Weak Pareto Optimality’ (WPO), ‘Symmetry’ (SYM), and ‘Scale Invariance’ (SI). Except for WPO, these axioms have been at the center of controversy (especially the most crucial axiom, IIA). This paper considers a new and simple axiom ‘Focal Relevance of a Pareto-optimal Midpoint’ (FRPM). It turns out that the Nash solution can be characterized by WPO and FRPM only.

Noncooperative foundations for the Kalai-Smorodinsky and equal sacrifice solutions via prominence structures

In bargaining, players may adopt different prominence structures when making demands: (i) each player might use (1/N)th of his maximum monetary payoff as the prominence level or (ii) players might use a common prominence level. This paper considers a scheme in which players alternate making demands. It turns out that if the prominence levels described by (i) are used and if players have utilities linear in money, the outcome of this scheme converges to that of the Kalai-Smorodinsky solution as players' prominence levels get smaller. If the common prominence level of (ii) is used and if players have identical constant marginal utilities of money, the outcome of this scheme converges to that of the equal sacrifice solution as that prominence level gets smaller.

The kalai/smorodinsky solution with time preferences

Even under complete information, the Rubinstein scheme does not generate a unique (subgame) perfect equilibrium partition unless the players are risk neutral. In the standard cooperative bargaining literature, on the other hand, time preferences of players do not play any role. It is assumed that players negotiate as long as they want to without foregoing any portion of the pie. The discount factors are not used, even when they are available; this amounts to limiting the available information use in the bargaining problem. By characterizing a modified Kalai/Smorodinsky solution axiomatically the above problems have been tried to be solved.

Cross-cultural assumptions about perception and identity in western socio-legal frameworks

Socio-legal analysis has relied heavily on Mnookin and Kornhauser's "bargaining in the shadow of the law" and Galanter's "litigotiation" concepts. These concepts provide a framework for examining the relationship between formal legal rules and other normative sources in out-of-court activity. In this paper we explore the extent to which these frameworks' Western assumptions about individualism, conflict and the rule of law would require adaptation if they were to be used to examine such phenomena in Chinese culture or in Australian-Chinese negotiations. In particular, we focus on the "difference" between: i) China and Confucian culture; and ii) Western society in terms of the Confucian principles relating to hierarchy, harmony, collectivism and face. These principles have fundamental implications for Chinese perceptions of appropriate dispute resolution behaviour. Western researchers who omit consideration of these perceptions and neglect the defining characteristics of Chinese identity will emerge with flawed projects.

How information technology can support family law and mediation

In Australia, before a divorcing couple can have their case heard by the Family Court, they must undertake mediation. Thus it is useful to develop information technology tools to support negotiation and mediation in family law. Most negotiation support systems focus upon integrative bargaining. In doing so, they tend to ignore issues of fairness. In Australian Family Law, the interests of the children, as opposed to those of their parents/guardians, are paramount. We investigate the use of providing BATNAs and integrative bargaining in providing family mediation decision support. The discussion is highlighted with examples taken from the domain of Australian Family Law