Ethical ramifications of corporatised legal practice

Ethical constraints applying to lawyers are largely found in formal restrictions in legislation - ethical duties arise as a result of a lawyer's service to the public - business ethics - corporatisation and the push for Multi-Disciplinary Practices (MDPs) - duty of confidentiality - avoiding conflicts of interest - the advent of MDP will add further pressures to lawyers juggling competing interests.

Give us a fair go! Legal obstacles to reporting sport on the internet

As the Internet becomes a mainstream conduit for business and communication, it can no longer be referred to as a “ lawless frontier" (De Zwart 1999, 112). The laws that regulate this environment, however, are not always obvious, particularly to reporters who have to collect stories for online newspapers, which are facing competition from their traditional sources of information. This article uses a case study of on-line sport to examine the legal pitfalls facing journalists reporting on-line.

Financial safety nets: reconstructing and modelling a policymaking metaphor

This paper explains that financial safety nets exist because of difficulties in enforcing contracts and shows that elements of deposit-insurance schemes differ substantially across countries. It shows that differences in the design of financial safety nets correlate significantly with differences in the informational and contracting environments of individual countries and that a country's GDP per capita is correlated with proxies for a country's level of: (1) informational transparency, (2) contract enforcement and deterrent rights, and (3) accountability for safety net officials. The analysis portrays deposit insurance as a part of a country's larger safety net and contracting environment. This means that there is no universal method for preventing and resolving banking problems and that the structure of a country's safety net should evolve over time with changes in private and government regulators' capacity for valuing financial institutions, disciplining risk taking and resolving insolvency promptly, and for being held accountable for how well they perform these tasks.

Football-as-war, coach-as-general: analogy, metaphor and management implications

Sporting terms have been used as metaphor and analogy to describe and prescribe life experiences. It has been suggested that the use of sport terminology can assist in the general understanding of complex terms and situations, however, the use of sport as metaphor and analogy for many aspects of social understanding can have negative consequences. The analogy of sport and war seems to be particularly prevalent within football, irrespective of the code or culture in which it is played. This article demonstrates the popular understanding of Australian Rules ‘football as war’ through two complementary studies. The first study investigates the representation of Australian Rules football as war, specifically through the analysis of both images and text on the front covers of the sport ‘lift-out’ sections of two prominent Melbourne newspapers, The Herald Sun and The Age. The second study examines whether people interpret non-war-like images of Australian Rules football in war-like terms. Forty-five undergraduate sport marketing and management students were asked to write about one of four different images of football players and coaches interacting, which revealed that football is understood as war. Further, when prompted by an image of football players and coaches interacting, people in this study interpreted the interactions as consistently war-like. Coaches were portrayed as militaristic generals and the athletes as soldiers. Implications for management, education and practice are discussed.

Legal ethics is (just) normal ethics: towards a coherent system of legal ethics

The standards governing how lawyers ought to conduct themselves consist of a number disparate principles and rules, which are devoid of an overarching rationale. We argue that legal ethics is not a stand-alone social construct. Rather, it is the application of normal ethical principles so far as they relate to the law. Approached in this manner, legal ethics becomes a far more coherent and justifiable institution. In this paper we apply general moral theory to several key dilemmas facing lawyers. This results in outcomes which some may find counter-intuitive. We conclude that lawyers should not do pro bono work; that the first cab rank off the rank principle is unsound and that there is no relevant difference between expressly misleading the court and putting the other side to the proof of its case.

Macleod and the offence of defrauding the company in one-person businesses: the divergence between legal principle and logic widens

The recent High Court decision in Macleod v R establishes that a director and sole shareholder may be convicted of fraudulently applying a company's property even though the person has consented to the personal use of the company's property. It is contended that while this decision is consistent with the weight of precedent, it is wrong in principle. The decision implies that corporations are not only separate legal entities, but that they are highly virtuous legal entities -- incapable of being imbued with the dishonest intentions and activities of the individuals controlling the company.

General practitioners' perspectives regarding competence and confidentiality in an adolescent with suspected anorexia nervosa: legal and ethical considerations

In Victoria, Australia, the legal position regarding young people's competence to make medical treatment decisions has not been clarified in legislation, and a number of often vague common law decisions must be relied on for guidance. This situation produces a degree of uncertainty about appropriate professional practice, while also potentially impeding young people's rights claims in health care settings. With this in mind, the present research explored general practitioners' competence and confidentiality decisions regarding a 17-year-old female who presented with symptoms of an eating disorder. Questionnaires were sent to a random sample of 500 Victorian general practitioners, of whom 190 responded. After reading a case vignette, general practitioners indicated whether they would find the hypothetical patient competent and if they would maintain her confidentiality. Seventy-three per cent of respondents found the patient competent and most would have maintained confidentiality, at least initially. However, subsequent analysis of the rationales supplied for these decisions revealed a wide diversity in general practitioners' understandings and implementations of extant legal authority. This research highlights the need for general practitioners to be exposed to up-to-date and clinically relevant explanations of contemporary legal positions.

Application of the fair-value concept : evidence from Australian legal decisions

The concept of "fair value" is increasingly being incorporated into Australian and international accounting standards and pronouncements. The fair-value concept has also been established and developed in Australian legal cases, and an examination of pertinent court decisions is of interest to accountants. By examining and analysing relevant cases, the paper highlights some of the principles and difficulties involved in operationalising the fair-value concept for accounting and legal purposes, particularly in situations where the asset being valued is subject to imperfect or incomplete markets.

[P]lucky Jane et al: ideal types in the legal academy?

This article started as a response to a decision by Deakin University's Law School late last year to embark upon a major recruitment of new staff. That decision caused the writer to wonder what published sources of advice were available to assist aspiring legal academics in choosing and shaping a career. To date it would seem that whilst there is no dearth of sources about what law schools should teach, or on the content and structure of the curriculum, research on the selection and formation of academics is somewhat less common. This is changing. In 2003 a short biographical study of six law teachers, based on structured interviews, was published and in 2004, a major study of the identity of 54 law teachers became available. There have also been significant studies on the particular issues encountered by female academics in the legal academy.