The trouble with income trusts

This paper sketches broadly the efficiency and equity effects of income trusts that make their use as a substitute for the direct holding of shares of a corporation problematic for tax policy purposes. The paper also considers the potential effectiveness of an equity recharacterization rule applicable to the high-yield junk debt that is the common feature of the basic income trust structure. The author suggests that this type of narrowly focused rule would be more target-efficient than other possible responses to income trusts, such as fundamental reform of the corporate income tax or the restrictions on the holding of trust units proposed in the 2004 budget. However, a principal difficulty in designing an equity recharacterization rule is ensuring that it applies equally to structures that realize the same effect as the basic income trust structure but do not use high-yield junk debt.
The author argues that income trusts are examples of tax-driven financial innovation in the sense that they replicate an existing set of securities and therefore have no nontax rationale. These securities are essentially redundant, and the innovative process of which they are a product does not constitute “genuine” financial innovation. This essential characteristic of income trusts distinguishes them from real estate investment trusts, which arguably do not present a tax policy problem (or at least not the same one). More particularly, income trust transactions are redundant in the sense that they do not complete capital markets by providing investors with a risk and return payoff profile that is otherwise unavailable. In the absence of any efficiency gains or desirable distributional effects associated with income trusts, the available tax benefit is the subject of a defensible government response intended to eliminate it. But without any clear evidence that income trusts are substituted generally for the corporate form, any response can defensibly be limited to a narrowly targeted one that introduces a “taxlaw friction” by shifting the debt-equity boundary that is the focus of the basic income trust structure. Because the precise dividing points along this boundary lack any obvious normative content, the suggested policy focus should be the development of a legislative response that redraws the debt-equity boundary in a manner that minimizes perceived efficiency losses otherwise associated with the use of income trusts.

The trouble with woon: the selective answering of police questions and the right to pre-trial silence

The 1964 High Court decision in Woon v The Queen is commonly understood to permit the drawing of an inference of a ‘consciousness of guilt’ when a suspect selectively responds to police questions. It is the author’s contention that, in the light of the emphatic endorsement of the right to pre-trial silence by the High Court in 1993 in Petty v The Queen; Maiden v The Queen, Woon should now be regarded as bad law and should no longer be followed.

Academics,think tanks and journalists : the trouble with expert opinion, empirical evidence and bilingual education

This book reports the findings of the Australian News media and Indigenous policymaking 1988-2008 ARC Discovery Project

Theoretical issues and political dilemmas in working with men

The aim of this chapter is to highlight some of the theoretical issues and political dilemmas involved in working with men in the human services. To develop a framework for practice with men, we have to adequately conceptualise the issues £1cing men. These are confusing and unsettling times for many men. To make sense of this confusion it is important to understand men's experiences within the context of the patriarchal structures in society and their relationship to class, race and gender regimes. Men and women who work with men in the human services should have an analysis of the social construction of masculinities and they need to understand how the forces that construct dominant masculinities embed men and women in relations of dominance and subordination that limit the potential for them to be in partnership with each other. To the extent that we ignore the social construction of masculinity,
it blocks insight into the real trouble in men's lives. Furthermore, if men do not grasp the basic notion of gender as a social construction, then feminist critiques of patriarchy, dominant masculinity and abusive male behaviours are going to be felt by men at a deeply personal level (Schwalbe 1996, pp. 187, 231).

What is the subaltern of the comparative philosophy of religion?

It is claimed that Comparative Philosophy of Religion (CPR) mistakenly builds on the dogmas of comparative religion (or history of religions) and philosophy of religion. Thus, the belief that there are things common and therefore comparable between two or more traditions and that these objects of comparison are of philosophical or theological significance are questions that continue to trouble the field. Just what does one compare, how does one choose what to compare or why, through what methodological and epistemic tools, and who is it that carries out the tasks? But what has remained unasked and unanalyzed are the larger meta-questions concerning the motivation, civilizational presuppositions, cultural parochialism, or legacies of orientalism, modernity, and (post-)colonialism that together affect the boundedness of certain key categories and thematic issues in the comparative enterprise such as God or the Transcendent, Creation, the Problem of Evil, the Afterlife, Sin, Redemption, Purpose, and the End. Is difference with respect to alterity and altarity permissible? If so, what a postcolonial, differently gendered, cross-cultural critique would look like and what is left of CPR are two such questions explored here.

Embodied women at work in neoliberal times and places

In this article five women explore (female) embodiment in academic work in current workplaces. In a week-long collective biography workshop they produced written memories of themselves in their various workplaces and memories of themselves as children and as students. These memories then became the texts out of which the analysis was generated. The authors examine the constitutive and seductive effects of neoliberal discourses and practices, and in particular, the assembling of academic bodies as particular kinds of working bodies. They use the concept of chiasma, or crossing over, to trouble some aspects of binary thinking about bodies and about the relations between bodies and discourses. They examine the way that we simultaneously resist and appropriate, and are seduced by and appropriated within, neoliberal discourses and practices.

Human rights in Asia: A reassessment of the Asian values debate

"This book offers a critical reassessment of the "Asian values" debate, which dominated the human rights discourse in the late 1990s, and a reappraisal of the human rights situation in Asia since then. In this book Asian and non-Asian scholars contextualize the "Asian values" debate and examine in what ways the issues raised then continue to trouble Asian societies. Human rights are seen both in the context of political developments in individual Asian countries as well as in relation to global issues such as the Global War on Terror. The book challenges the reader to critically examine human rights rhetoric and practice both in Asia and globally."--BOOK JACKET.

Investigation into the diffusion of innovation in technical and further education : implementing e-mail through action research

This research project examined the diffusion of change within one Victorian TAFE Institute by engaging action research to facilitate implementation of e-mail technology. The theoretical framework involving the concepts of technology innovation and action research was enhanced with the aid of Rogers's (1983) model of the diffusion of the innovation process. Political and cultural factors made up the initiation phase of innovation, enabling the research to concentrate on the implementation phase of e-mail Roger's (1983) model also provided adopter categories that related to the findings of a Computer Attitude Survey that was conducted at The School of Mines and Industries Ballarat (SMB), now the University of Ballarat—TAFE Division since amalgamation on 1st January 1998. Despite management rhetoric about the need to utilise e-mail, Institute teaching staff lacked individual computers in their work areas and most were waiting to become connected to the Internet as late as 1997. According to the action research reports, many staff were resistant to the new e-mail facilities despite having access to personal computers whose numbers doubled annually. The action research project became focussed when action researchers realised that e-mail workshop training was ineffective and that staff required improved access. Improvement to processes within education through collaborative action research had earlier been achieved (McTaggart 1994), and this project actively engaged practitioners to facilitate decentralised e-mail training in the workplace through the action research spiral of planning, acting, observing and reflecting, before replanning. The action researchers * task was to find ways to improve the diffusion of e-mail throughout the Institute and to develop theoretical constructs. My research task was to determine whether action research could successfully facilitate e-mail throughout the Institute. A rich literature existed about technology use in education, technology teaching, gender issues, less about computerphobia, and none about 'e-mailphobia \ It seemed appropriate to pursue the issue of e-mailphobia since it was marginalised, or ignored in the literature. The major political and cultural influences on the technologising of SMB and e-mail introduction were complex, making it impossible to ascertain the relative degrees of influence held by Federal and State Governments, SMB's leadership or the local community, Nonetheless, with the implementation of e-mail, traditional ways were challenged as SMB's culture changed. E-mail training was identified as a staff professional development activity that had been largely unsuccessful. Action research is critical collaborative inquiry by reflective practitioners who are accountable for making the results of their inquiry public and who are self-evaluating of their practice while engaging participative problem-solving and continuing professional development (Zuber-Skerritt 1992, 1993). Action research was the methodology employed in researching e-mail implementation into SMB because it involved collaborative inquiry with colleagues as reflective practitioners. Thoughtful questions could best be explored using deconstructivist philosophy, in asking about the noise of silence, which issues were not addressed, what were the contradictions and who was being marginalised with e-mail usage within SMB. Reviewing literature on action research was complicated by its broad definition and by the variability of research (King & Lonnquist 1992), and yet action research as a research methodology was well represented in educational research literature, and provided a systematic and recognisable way for practitioners to conduct their research. On the basis of this study, it could be stated that action research facilitated the diffusion of e-mail technology into one TAFE Institute, despite the process being disappointingly slow. While the process in establishing the action research group was problematic, action researchers showed that a window of opportunity existed for decentralised diffusion of e-mail training,in preference to bureaucratically motivated 'workshops. Eight major findings, grouped under two broad headings were identified: the process of diffusion (planning, nature of the process, culture, politics) and outcomes of diffusion (categorising, e-mailphobia, the survey device and technology in education). The findings indicated that staff had little experience with e-mail and appeared not to recognise its benefits. While 54.1% did not agree that electronic means could be the preferred way to receive Institute memost some 13.7% admitted to problems with using the voice answering service on telephones. Some 43.3% thought e-mail would not improve their connectedness (how they related) to the Institute. A small percentage of staff had trouble with telephone voice-mail and a number of these were anxious computer users. Individualised tuition and peer support proved helpful to individual staff whom action researchers believed to be 'at risk', as determined from the results of a Computer Attitude Survey. An instructional strategy that fostered the development of self-regulation and peer support was valuable, but there was no measure of the effects of this action research program, other than in qualitative terms. Nevertheless, action research gave space to reflect on the nature of the underlying processes in adopting e-mail. Challenges faced by TAFE action researchers are integrally affected by the values within TAFE, which change constantly and have recently been extensive enough to be considered as a 'new paradigm'. The influence of competition policy, the training reform agenda and technologisation of training have challenged traditional TAFE values. Action research reported that many staff had little immediate professional reason to use e-mail Theoretical answers were submerged beneath practical professional concerns, which related back to how much time teachers had and whether they could benefit from e-mail. A need for the development of principles for the sound educational uses of e-mail increases with the internationalisation of education and an increasing awareness of cultural differences. The implications for conducting action research in TAFE are addressed under the two broad issues of power and pedagogy. Issues of power included gaining access, management's inability to overcome staff resistance to technology, changing TAFE values and using technology for conducting action research. Pedagogical issues included the recognition of educational above technological issues and training staff in action research. Finally, seventeen steps are suggested to overcome power and pedagogical impediments to the conduct of action research within TAFE. This action research project has provided greater insight into the difficulties of successfully introducing one culture-specific technology into one TAFE Institute. TAFE Institutes need to encourage more action research into their operations, and it is only then that -we can expect to answer the unanswered questions raised in this research project.

Case study of electronic networking in an initial teacher education course

Electronic networking ('computer-mediated communication1), considered to be ‘unique domain for educational activity’ (Harasim, 1989:50) and ‘new educational paradigm’ (Mason & Kaye, 1989:23), has been widely used and researched in K-12 schooling, place-based undergraduate subjects and distance education courses. However, only a limited number of reports of usage with experienced teachers (professional development), beginning teachers (induction support) and trainee teachers (initial training) have been published. Hence, little is known about the ways in which this new medium might contribute to the acquisition and maintenance of professional knowledge in the field of teacher education. The purpose of this study was to document an application of electronic networking in an initial 'school-based1 teacher education course. Three factors which were considered to be important in the adoption of electronic networking were specifically addressed: (a) the potential of the medium to attract and maintain a representative and comprehensive audience', (b) the willingness of participants to use the medium for the notation of ideas about teaching; and, (c) the extent to which reflection on practice was evident in network messages. This study also identified and investigated other effects which emerged as participants attempted to negotiate personal relationships with new technology. A case study was selected to investigate audience, notation, reflection, and other effects, in a particular application. Data were collected using participant observation, software-generated statistics, printed documentation, university records, questionnaires, interviews and content analysis of messages. These data were used to describe and analyse network participation by trainee teachers, classroom teachers and university staff. The data revealed that an audience did exist on the electronic network but that this was not comprehensive. Teachers had difficulty accessing the network because of other school commitments, access to equipment and personal competence with microcomputers. These difficulties indicated that developing and maintaining the teacher audience may be a major problem with electronic networking in initial teacher education. This case study revealed that deeply held concerns about notation of ideas by trainee teachers and classroom teachers can be powerful reasons for limited network participation. For trainee teachers, recording ideas publicly presented special difficulties associated with written communication. They were concerned about writing for an audience; about what to write about and how to write it. The loss of visual and verbal cues which form part of face-to-face communication was also a problem leading to concerns about how messages would be received by others. However, the overwhelming concern of almost all trainee teachers about presenting their own ideas was Tear of criticism' from peers (in particular), and other participants on the network. Trainee teachers expressed concerns about the 'dangers' of putting their thoughts in writing, the scrutiny their messages might have received from others, and the public 'criticism' about what they wrote which might have appeared on the network. Knowing that messages were stored on the network, and could be retrieved at some later date, heightened anxiety about the vulnerability of written communication; what was written on one occasion may have to be defended at some later date when the views expressed initially were no longer held. Classroom teachers were also unsure about recording their own ideas in an electronic form. Like trainee teachers, they were concerned about the scrutiny their contributions might receive from other users, and the lack of visual and verbal cues which they had learnt to use in face-to-face communication. Notating ideas in text-based messages which were archived (by the software), and retrievable by others later, was also daunting to many teachers. Another major 'danger' for teachers was the possible repercussions of 'public comment' about curriculum policy and initiatives which they thought might get them into 'trouble' with their employer. Since very few messages were contributed to conferences, there was little evidence of reflection in network communication. In the main, the network was not used to share information and ideas about curriculum and teaching. Public examples of collaboration between participants were not evident, and the 'special knowledge' held by members in each distinct group of users was not elaborated and discussed. Messages were not used to request information or clarification about issues, to outline the processes by which decisions about teaching were reached, or to synthesis ideas from different sources. The potential of the medium to operationalise reflective practice was not realised. Among the effects observed, the use of an anonymous account to access the network, and the impact this had on participation (in one conference) was considered to be a particularly significant finding. While the opportunity to systematically investigate the effects of anonymity on network participation and message contributions was not realised (by the author) while the research was in progress, the effects observed and discussed are considered to be important and worthy of further investigation. In this case study, the anonymous account helped trainee teachers mask concerns about personal writing skills and fear of criticism from others, indicating that anonymity may alter communication patterns, particularly in the early stages of network use. Given the data collected in this case study, and the interpretations placed on it by the author, a pessimistic assessment of the place of electronic networking in initial teacher education courses was presented. For this situation to change - that is, for electronic discussions to become more fully integrated into course activities - four issues which need to be addressed were identified and discussed. These included clarification of the role of collaboration amongst participants in initial teacher education, the ways in which collaboration can be facilitated using electronic networking, the problems of notation - such as the difficulty of expressing ideas about teaching in written form, and the concerns about permanently archived messages - for teachers and trainee teachers, and the lack of skills which many trainee teachers bring to electronic discussions. In the context of initial teacher education, it was suggested that these four aspects require clarification and development before the potential advantages of electronic networking can be realised. Some specific suggestions about how these issues might be resolved were presented.

Re-presenting women and leadership : a methodological journey

Research on women's leadership has tended to focus upon detailed micro studies of individual women's identity formation or, alternatively, to conduct macro studies of its broader discursive constructions within society. Both approaches, although providing helpful understandings of the issues surrounding constructions of women's leadership, are inadequate. They fail to deal with the ongoing dilemma raised in both Cultural Studies and studies of discourse and identity, in relation to the negotiation of subjectivity and representation, that is, how broader societal discourses and media representations of women's leadership both inform, and are informed by, the lived experiences of individual women. In this article, a range of methodological approaches are outlined that were drawn upon in a study of a small group of senior women academics from ethnically and socioeconomically diverse origins. The authors examine how the women negotiated the frequent mismatch that arose between, on the one hand, societal discourses and media representations which often reproduced narrow and highly stereotypical accounts of women's leadership, and on the other hand, the individual women's subjective experiences of leadership which challenged such representations. It is contended that it is necessary to draw on a number of methodological perspectives in ways which trouble and unsettle homogenized versions of women's leadership in order to fully explicate more nuanced and complex ways of understanding how women's leadership identity is formed.

Breath and the truths of youth at risk : allegory and the social scientific imagination

The ways that we have invented for knowing young people are governmentalised. This governmentalisation produces powerful incentives to conform to the rule-bound and institutionalised knowledge practices that institutions, government departments, corporations, and NGOs understand as being capable of telling truths about young people and about risk. I argue that knowledge practices in the social sciences should trouble what counts as truth, as evidence, and the ways in which these truths can be produced.

These interests will be examined through a discussion of the ways in which Tim Winton's novel Breath can be read as an allegorical tale about the terror of being ordinary: and of the teenage years as being a time in a life in which the fear of being ordinary compels Winton's key characters to seek out, sometimes stumble upon that which promises to make their's a life less ordinary. Here risk is something that breathes energy and purpose into lifeworlds that are dominated by the institutionalised ordinariness of family, school, and work. As an allegorical tale told from the vantage point of hindsight, Breath unsettles what it is that the social sciences can tell us about youth (as becoming) and risk (as mitigated by prudential foresight).