Law-and-order politics, public-opinion polls, and the media

Over the past two decades, considerable political rhetoric has focused on the need to get tough on crime. Justification for this hard-line approach has been the public's apparent concem about rising crime rates and its increasing dissatisfaction with criminal sentencing. In this paper, we consider characteristics both of the measurement of public opinion and of the influences upon public opinion that may contribute to the depiction of a fearful, punitive community. In particular, we identify sources of bias in the methods and contexts of opinion-polling that promote a distorted representation of the discrepancy between community expectations of sentencing and the practices of the judiciary. We argue that the practices of pollsters, politicians, and media combine to create a self-sustaining obstacle to considered community discussion of crime and criminal sentencing.

Competition law and policy : cases and materials

This book evaluates Australian competition law including the economics and politics that lay at its heart. This fully revised second edition draws together a comprehensive collection of material providing an excellent and up-to-date guide to Australian competition law.

Power and politics in a system implementation

The central concern of this study is to identify the role of power and politics in systems implementation. The current literature on systems implementation is typically divided into two areas, process modelling and factor based studies. Process modelling classifies the implementation into a linear process, whereas factor based studies have argued that in order to ‘successfully’ implement a system, particular critical factors are required. This literature misses the complexities involved in systems implementation through the human factors and political nature of systems implementation and is simplistic in its nature and essentially de-contextualises the implementation process. Literature has investigated some aspects of human factors in systems implementation. However, it is believed that these studies have taken a simplistic view of power and politics. It is argued in this thesis that human factors in systems implementation are constantly changing and essentially operating in a dynamic relationship affecting the implementation process. The concept of power relations, as proposed by Foucault (1976, 1977, 1978, 1980, 1982), have been utilised in order to identify the dynamic nature of power and politics. Foucault (1978) argued that power is a dynamic set of relationships constantly changing from one point in time to the next. It is this recognition that is lacking from information systems. Furthermore, these power relations are created through the use of discourse. Discourse represents meaning and social relationships, forming both subjectivity and power relations. Discourses are also the practices of talk, text and argument that continuously form that which actors speak. A post-structuralist view of power as both an obvious and hidden concept has provided the researcher a lens through which the selection and implementation of an enterprise-wide learning management system can be observed. The framework aimed to identify the obvious process of system selection implementation, and then deconstruct that process to expose the hegemonic nature of policy, the reproduction of organisational culture, the emancipation within discourse, and the nature of resistance and power relations. A critical case study of the selection and implementation of an enterprise-wide learning management system at the University of Australia was presented providing an in-depth investigation of the implementation of an enterprise-wide learning management system, spanning five years. This critical case study was analysed using social dramas to distinguish between the front stage issues of power and the hidden discourses underpinning the front stage dramas. The enterprise-wide learning management system implemented in the University of Australia in 2003 is a system which enables academic staff to manage learners, the students, by keeping track of their progress and performance across all types of training activities. Through telling the story of the selection and implementation of an enterprise-wide learning management system at the University of Australia discourses emerged. The key findings from this study have indicated that the system selection and implementation works at two levels. The low level is the selection and implementation process, which operates for the period of the project. The high level is the arena of power and politics, which runs simultaneously to the selection and implementation process. Challenges for power are acted out in the front stage, or public forums between various actors. The social dramas, as they have been described here, are superfluous to the discourse underpinning the front stage. It is the discourse that remains the same throughout the system selection and implementation process, but it is through various social dramas that reflect those discourses. Furthermore, the enactment of policy legitimises power and establishes the discourse, limiting resistance. Additionally, this research has identified the role of the ‘State’ and its influence at the organisational level, which had been previously suggested in education literature (Ball, 1990).

First law and the force of water: law, water, entitlement

In this essay, the authors respond to several of the papers included in this special issue. First reflecting on the relation between waters, ‘First law’,1 and settler law, the authors then draw connections between some of the contributions to the issue. Water, the authors contend, is a productive site for thinking through the organs and processes of settler law, though such attention, they argue, also reveals how the ‘constitutional’ question of waters is occluded by the presence and dominance of settler law. The final section turns to Aotearoa/New Zealand as a negative example of this situation, one in which the constituting force of waters is nullified by the incorporation of indigenous politics within the processes and institutions of the settler legal order.

Europe and its (tragic) statelessness fantasy: the lure of European private law, post-national governance and political order

This book presents the first comparative and multi-disciplinary investigation into what is the process to Create a supra-national entity in which it is the classic forms of law and politics. In arguing that the post-modern phase of the 'Europeanization of Europe' is the continental paradigm of the doctrine, the concept of the "depoliticization" and "dejuridification" of the world, Siliquini Cinelli explains why its statelessness is profoundly linked to the Global '(a-) spatial turn' that is legal and sociopolitical theories are undergoing. (Noun, masculine) (Auch: the European Union, the European Union, the European Union, the European Union, the European Union) A banking union. Later, Siliquini Cinelli's comparative and inter-disciplinary approach for a thorough reconsideration of this project through an inquiry into (1) the lure of European private law as a particular type of 'stateless law'; (2) the several pluralist channels of soft-networked post-national governance. And (3) the challenges of the political order within the EU's boundaries.

Managing complexity and insitutionalization : power and politics in ERP implementation in an Australian university

This chapter reports a case study of ERP implementation in an institution of higher education. The ERP is one based on integration of administrative tasks based on Oracle® systems and is successful both in terms of its embeddedness in institutionalized practice and in supporting that university's operations. The key issue that emerged from the study showed that understanding complexity, institutionalized practice, and the power relations in existence enable the implementation to be more effective, as it can be managed when understood. The chapter argues that organizations reproduce practice and that an ERP challenges that. To deal with that challenge, social dramas emerge wherever power exists, and the resulting conflicts challenge the effectiveness of the systems put in place. In this case study, the key role of the project champion in resolving the social dramas became evident.

The disunity of employment law and sentencing

This article discusses the lack of integration between criminal sanctions and employment deprivations (in the form of being dismissed from employment or disqualified from working in certain industries). Offenders who are employed in certain industries, especially the professions, often suffer a far greater net punishment upon being found guilty of a criminal offence than other offenders, thereby violating the principle of proportionality and the (related) principle of equality in the impact of sanctions. The reason that such a situation has developed is because criminal sanctions and employment deprivations have evolved from different streams of jurisprudence. This article argues that sentencers should impose a ‘net’ sanction for a criminal offence, thereby merging these streams of jurisprudence. This would require courts to be vested with the power to suspend or disqualify people from being employed in certain occupations. The legal analysis in this article focuses on case and statutory law in Australia, however, the same broad principles apply in all common law jurisdictions, including the UK. Hence, the reform proposals suggested in this article are relevant throughout the common law world.

Holding the purse strings : the continuing evolution of human rights law and the potential liability of the finance industry for human rights abuses

While the responsibility of States and, in more recent times, corporations, has been thoroughly discussed in relation to human right~, a new stage of evolution may be emerging in relation to the liability of the financial backers of an enterprise that is accused of human rights abuses. This article considers the basis in international law for such emerging liability and examines some of the legal avenues used in recent domestic litigation against financial institutions. The article concludes by examining some of the relevant instruments of 'soft' international law and notes that although there is little in the way of concrete legislation or judicial precedent that would hold financial institutions responsible for the actions of those they invest in, the potential for the law to evolve in that direction is clear.

Removal of directors of public companies takes centre stage in Australia : an exploration of the corporate law and governance issues

Increasing attention is being given to the legal and governance issues relating to the removal of directors in Australian public companies. This has been due mainly to the difficulties experienced by the board of National Australia Bank in attempting to remove one of its fellow directors, and the subsequent development of public companies entering into so-called 'prenuptial agreements' with new directors, requiring that the director 'resign' if the board pass a vote of no-confidence in the director. In this article, the author revisits the area of director removal in Australian public companies for two reasons. The first reason, which covers the majority of the article, is to engage in a detailed analysis of whether the pre-nuptial agreements which some public companies have indicated that they support using to remove directors, are in fact enforceable under Australia's Corporations Act The second reason is to outline a law reform proposal to enable public companies to remove directors without requiring the vote of shareholders at a general meeting. The proposal involves providing Australia' corporate  regulator, the Australian Securities and Investments Commission (ASIC) with the power to grant relief from the statutory removal provisions to public companies, but in a way which balances the competing objectives of commercial efficiency and shareholder participation and, very importantly, encourages good corporate governance practices by companies in relation to the performance assessment  of directors.

It is in the interests of both shareholders and directors to agree on a set of ground rules for the effective supervision of companies that reconciles the rights of the owners to overall control with the much tougher demands on modern directors

Regulating history: Australian racial vilification law and history denial

Whether the law can make a reasonable assessment and determination on matters of the historical record - whether current Australian law equips judges and other relevant decision-makers with the analytic and prescriptive tools capable of identifying instances of racial vilification masquerading as bona fide historical scholarship.

The economics and politics of wilderness conservation in Australia

Wilderness conservation has a checkered history in Australian politics. Initially, wilderness was protected in national parks, and specific areas or legislation did not exist. In the 1960s, wilderness conservation became an important issue in Australian politics. Pressure from environmental groups and the general public created several conflicts. Several successes were scored by the joint efforts of interest groups, the public, charismatic individuals, the media, and support of governments and politicians. A number of areas were declared wilderness areas and several states now have wilderness protected through legislation. The 1990s have not been as good as the previous decades for wilderness. Large forest areas are still being cleared and bias toward consumptive use of forest by governments is emerging. Clearly, wilderness protection in Australia is intensely political. It is important that interest groups maintain pressure to protect future wilderness. Efforts to obtain national legislation for wilderness and to couch wilderness in terms of other aspects such as biodiversity and ecosystems values may prove necessary.