Lifetime Subsidies in Australian Private Health Insurance Markets with Community Rating

This paper considers the problem of inducing low-risk individuals of all ages to buy private health insurance in Australia. Our proposed subsidy scheme improves upon the age-based penalty scheme under the current "Australian Lifetime Cover" (LTC) scheme. We generate an alternative subsidy profile that obviates adverse selection in private health insurance markets with mandated, age-based, community rating. Our proposal is novel in that we generate subsidies that are both risk- and age-specific, based upon actual risk probabilities. The approach we take may prove useful in other jurisdictions where the extant law mandates community rating in private health insurance markets. Furthermore, our approach is useful in jurisdictions that seek to maintain private insurance to complement existing universal public systems.

Development of a web-service-agents-based family wealth management system

The roiling financial markets, constantly changing tax law and increasing complexity of planning transaction increase the demand of aggregated family wealth management (FWM) services. However, current trend of developing such advisory systems is mainly focusing on financial or investment side. In addition, these existing systems lack of flexibility and are hard to be integrated with other organizational information systems, such as CRM systems. In this paper, a novel architecture of Web-service-agents-based FWM systems has been proposed. Multiple intelligent agents are wrapped as Web services and can communicate with each other via Web service protocols. On the one hand, these agents can collaborate with each other and provide comprehensive FWM advices. On the other hand, each service can work independently to achieve its own tasks. A prototype system for supporting financial advice is also presented to demonstrate the advances of the proposed Webservice- agents-based FWM system architecture.

Participation and transparency in food law

La governance del settore alimentare si fonda su una struttura multilivello, ove poteri locali, nazionali, sovranazionali e globali interagiscono. In tale assetto, ogni regolatore è chiamato a proteggere interessi diversi tra loro, tra cui l'ambiente, la salute umana, il benessere animale e la libera concorrenza. La regolazione del settore alimentare, inoltre, impone la considerazione di aspetti etici e culturali, dotati di una forte matrice territoriale. In questo sistema, i valori che entrano in gioco non sono egualmente rappresentati, ma quelli considerati "minori" sono sovente sovrastati dalle esigenze di protezione di un unico interesse: la libera concorrenza su scala globale. Ne deriva che la regolazione del settore alimentare necessita di un nuovo equilibrio. Questo può richiedere sia l'adozione di nuove regole - soprattutto a livello sovranazionale - sia un'interpretazione maggiormente inclusiva dei principi e delle regole già esistenti da parte delle Corti. Tuttavia, risulta maggiormente urgente e di immediata efficacia permettere ai soggetti interessati, siano essi privati o pubblici, di partecipare alla formulazione delle politiche e delle decisioni inerenti il settore alimentare. La partecipazione procedurale è in grado di soddisfare esigenze differenti e talvolta opposte, pertanto essa è regolata dal legislatore a seconda dello scopo finale prefissato. Principalmente, essa è vista come una applicazione diretta dei principi di democrazia e trasparenza; tuttavia, il suo reale impatto sul risultato finale delle decisioni pubbliche può scostarsi considerevolemente da tale paradigma. Lo scopo di tale lavoro è analizzare i diversi modelli partecipativi implementati nei vari livelli di governo, al fine di determinarne il reale impatto sui soggetti interessati e sul bilanciamento degli interessi in gioco. La conclusione dimostra un certo livello di perplessità per ciò che riguarda l'assetto di tali garanzie nella regolazione del settore alimentare, dove lo sviluppo del concetto di democrazia partecipativa e di bilancio tra gli interessi rilevanti è ancora acerbo.

Registered social landlords: private enterprise (f)or public good?

Millions of homes previously owned by councils have been transferred to the ownership of registered social landlords. Many of these are run as private companies under the principles first set out in the Combined Code of Corporate Governance. This articled considers whether it is appropriate to apply both the principles of the Code and regulation from the Housing Corporation as forms of control over such companies, and whether extensive government regulation negates the requirement for a board comprising independent directors expected to make strategic decisions while overseeing the executive. Conflict is created when trying to run these companies with a unitary board structure adhering to Combined Code principles while considering the wider interests of the community. It is questioned whether it is inefficient to try to meet these two objectives simultaneously and whether this system produces the best results for the community, the lenders and the end users.

Undue influence and the family home

This book provides a comprehensive analysis of the doctrine of undue influence in the context of the family home and fully incorporates the recent House of Lords ruling in Royal Bank of Scotland v Etridge (No 2) (2001). It is aimed predominantly at the legal practitioner, but will also act as a useful source of reference for academics and students of contract, land law and equity and trusts. Emphasis is placed on claims brought by spouses (usually the wife) seeking to set aside a charge over the matrimonial home made in favour of a lending institution. The role of lenders in this context is also examined in depth, as is the part played by the solicitor acting on behalf of the parties. Apart from providing an exposition of the doctrine and its key elements, the book also gives a broader outlook by examining the Commonwealth experience (notably in Australia, Canada and New Zealand) and suggesting an underlying concept of unconscionability as governing undue influence claims. There is also a separate chapter on remedies, as well as an appendix containing a number of draft pleadings for use by the legal practitioner. In the foreword, the Honourable Mr Justice Neuberger writes: 'Pawlowski and Brown are to be congratulated for having produced a book ...as comprehensive and user-friendly as this volume. Not only have they considered the effect of the authorities in a clear and logical way, but they have also highlighted problems which have yet to be resolved and questions which have yet to be answered ...one of the hallmarks of a good legal book.'

Ownership concentration:'Private benefits of control' and debt financing

Building on the ‘law and economics’ literature, this paper analyses corporate governance implications of debt financing in an environment where a dominant owner is able to extract ex ante ‘private benefits of control’. Ownership concentration may result in lower efficiency, measured as a ratio of a firm’s debt to investment, and this effect depends on the identity of the largest shareholder. Moreover, entrenched dominant shareholder(s) may be colluding with fixed-claim holders in extracting ‘control premium’. One of possible outcomes is a ‘crowding out’ of entrepreneurial firms from the debt market, and this is supported by evidence from the transition economies.

The role of longevity risk in Hungary

In this paper, I analyze the role of longevity risk in Hungary in the public pension system and the life annuity segment of the life insurance market, which are two primary financial sectors of relevance to this special type of actuarial risk, using state-of-the- art econometric methodology. To this end, I present an overview and the mathematical background of several important current mortality forecasting techniques from the Lee–Carter model up to unifying paradigm of the Age–Period–Cohort family of models. After presenting the findings of a case study on the public pension system based on the paper of Bajk ́o, Maknics, T ́oth and V ́ekas, I conclude that longevity risk jeopardizes the sustainability of the Hungarian public pension system in the long run. In another case study, I present an analysis of the role of longevity risk in the pre- mium of private pension annuities, a relevant topic due to recent changes in a law on Hungarian voluntary pension funds, following an earlier analysis of M ́ajer and Kov ́acs. Based on the criterion on out-of-sample forecasting accuracy, I find that the Cairns–Blake– Dowd mortality forecasting model aimed specifically at modeling old-age mortality outperforms the Lee–Carter model applied by M ́ajer and Kov ́acs . Based on numerical results, I finally conclude that the role of longevity risk in the Hungarian life annuity mar- ket has increased significantly in the past decade and is likely to further increase in the future.

Variables motivating parents to choose a specific type of private school

The purpose of this study was to investigate the reasons associated with parents' choices of specific types of private schools. The researcher hoped to determine if there were any significant differences in the reasons parents reported for enrolling their child in a specific private school. Studies in the past have explored why parents choose private schools. This study focused on why parents chose a specific type of private school, what were the variables involved, and were there any significant differences in the motivation of parents with children enrolled in different types of private schools.^ The study gathered data using a survey instrument which centered on 14 variables generally associated with the choice of private schools. The survey asked parents to rate the variables using a Likert type scale. The Likert rating was used because it does not require respondents to choose between variables. The general areas of emphasis were (a) academics, (b) religion and values/morals, (c) nurturing educational environment, and (d) proximity and convenience of the school. The survey also gather qualitative data in the form of comments volunteered by over a third of the respondents.^ The survey was mailed to 560 randomly selected families from 30 private high schools in a 50 mile radius of Miami, Florida. The 10 high schools, represented five types of private schools, Roman Catholic, Episcopal, Independent, Jewish, and Fundamentalist Christian. After four mailings a total of 401 surveys were returned for a rate 72%.^ Significant differences appeared as the data was analyzed using ANOVA and Tukey's HSD pairwise analysis. The variables showing significant differences between types of schools were (a) quality of instruction, (b) commitment of teachers, (c) emphasis on religion, (d) small class size, (e) well-defined academic goals, (f) proximity of the school's location, (g) preparation for desired secondary schools/colleges, and (h) convenience of school's operating schedule.^ Parents appeared to have specific reasons for choosing a particular private school. They appeared to look for a school that would satisfy the special needs of their child and would be compatible with their own values, morals, and personal philosophy. ^

Blurring the lines between public and private spaces in residential design

This thesis explores the role of public space as an integral part of residential design to promote a sense of community, where neighbors can congregate and children can play in safety. ^ Through research and analysis of successful public spaces, I evaluated relationships between dwellings and public spaces that offer progressive levels of privacy, and between indoor and outdoor spaces. Further research of published studies on child development, human behavior and relationships with nature identified a human preference for natural environments, a need for adequate recreation space for children's development and the potential of open spaces to build a strong sense of community. ^ My project develops multiple transitional spaces between the street and the interior of dwellings that provide varying degrees of privacy closely related to the community's green spaces. The result is a community-oriented pedestrian environment that encourages family and community values and contributes to the healthy living of its residents without depriving them of their privacy. ^

Dialogue, partnership and empowerment for network and information security:the changing role of the private sector from objects of regulation to regulation shapers

The protection of cyberspace has become one of the highest security priorities of governments worldwide. The EU is not an exception in this context, given its rapidly developing cyber security policy. Since the 1990s, we could observe the creation of three broad areas of policy interest: cyber-crime, critical information infrastructures and cyber-defence. One of the main trends transversal to these areas is the importance that the private sector has come to assume within them. In particular in the area of critical information infrastructure protection, the private sector is seen as a key stakeholder, given that it currently operates most infrastructures in this area. As a result of this operative capacity, the private sector has come to be understood as the expert in network and information systems security, whose knowledge is crucial for the regulation of the field. Adopting a Regulatory Capitalism framework, complemented by insights from Network Governance, we can identify the shifting role of the private sector in this field from one of a victim in need of protection in the first phase, to a commercial actor bearing responsibility for ensuring network resilience in the second, to an active policy shaper in the third, participating in the regulation of NIS by providing technical expertise. By drawing insights from the above-mentioned frameworks, we can better understand how private actors are involved in shaping regulatory responses, as well as why they have been incorporated into these regulatory networks.

CONSTITUTIONAL JUSTICE IN AFRICA: An Examination of Constitutional Positivism, Fundamental Law and Rights in Ghana and Nigeria

This work explores the idea of constitutional justice in Africa with a focus on constitutional interpretation in Ghana and Nigeria. The objective is to develop a theory of constitutional interpretation based upon a conception of law that allows the existing constitutions of Ghana and Nigeria to be construed by the courts as law in a manner that best serves the collective wellbeing of the people. The project involves an examination of both legal theory and substantive constitutional law. The theoretical argument will be applied to show how a proper understanding of the ideals of the rule of law and constitutionalism in Ghana and Nigeria necessitate the conclusion that socio-economic rights in those countries are constitutionally protected and judicially enforceable. The thesis argues that this conclusion follows from a general claim that constitutions should represent a ‘fundamental law’ and must be construed as an aspirational moral ideal for the common good of the people. The argument is essentially about the inherent character of ‘legality’ or the ‘rule of law.’ It weaves together ideas developed by Lon Fuller, Ronald Dworkin, T.R.S. Allan and David Dyzenhaus, as well as the strand of common law constitutionalism associated with Sir Edward Coke, to develop a moral sense of ‘law’ that transcends the confines of positive or explicit law while remaining inherently ‘legal’ as opposed to purely moral or political. What emerges is an unwritten fundamental law of reason located between pure morality or natural law on the one hand and strict, explicit, or positive law on the other. It is argued that this fundamental law is, or should be, the basis of constitutional interpretation, especially in transitional democracies like Ghana and Nigeria, and that it grounds constitutional protection for socio-economic rights. Equipped with this theory of law, courts in developing African countries like Ghana and Nigeria will be in a better position to contribute towards developing a real sense of constitutional justice for Africa.

See you in Geneva? Democracy, the Rule of Law and the WTO (Working Paper 16)

This paper is a constructivist attempt to understand a global political space where states as actors (the traditional domain of international relations theory and international law) are joined by international organizations, firms, NGOs, and others. Today we know that many supposedly private or international orders (meaning sources of order other than the central institutions of the territorial state) are engaged in the regulation of large domains of collective life in a world where the sources of power are multiple, sovereignties are overlapping, and anarchy is meaningless. The paper begins with an attempt, discussed in the first section, to sort out what the rule of law might mean in the context of the WTO, where we soon see that it can only be understood by also considering the meaning of Administrative Law. Much of the debate about rule of law depends on positivist and centralist theories of “law,” whose inadequacy for my purposes leads, in the second section, to a discussion of legal pluralism and implicit law in legal theory. These approaches offer an alternative theoretical framework that respects the role of the state while not seeing it as the only source of normativity. The third section looks directly at WTO law and dispute settlement. I tr y to show that the sources and interpretations of law in the WTO and the trading system cannot be reduced to the Dispute Settlement Body. I conclude in the fourth section with some suggestions on how a WTO rule of law could be understood as democratic.

Speaking with different voices: the problems with English law and psychiatric injury

Private law courts in the UK have maintained the de minimis threshold as a condition precedent for a successful claim for the infliction of mental harm. This de minimis threshold necessitates the presence of a ‘recognised psychiatric illness’ as opposed to ‘mere emotion’. This standard has also been adopted by the criminal law courts when reading the Offences Against the Person Act 1861 to include non-physical injury. In determining the cut-off point between psychiatric injury and mere emotion, the courts have adopted a generally passive acceptance of expert testimony and the guidelines used by mental health professionals to make diagnoses. Yet these guidelines were developed for use in a clinical setting, not a legal one. This article examines the difficulty inherent in utilising the ‘dimensional’ diagnostic criteria used by mental health professionals to answer ‘categorical’ legal questions. This is of particular concern following publication of the new diagnostic manual, DSM-V in 2013, which will further exacerbate concerns about compatibility. It is argued that a new set of diagnostic guidelines, tailored specifically for use in a legal context, is now a necessity.