Shared authority: courts and legislatures in legal theory

This book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin’s interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

Economic evidence in regulatory disputes: revisiting the court-regulatory agency relationship in the US and the UK

This article examines the issue of the appropriate scope of review of economic evidence enshrined in the discretionary assessments of utility regulators in the US and the UK. It advances a balance of institutional competencies approach to the question of the degree of deference owed to the regulatory agency’s economic assessments. In doing so, it revisits the doctrinal positions advanced in the US and UK for the substantive review of administrative discretion, so as to become attuned to the challenges posed by economic evidence. Drawing on insights from political science and economics, the suggested approach illuminates the institutional disadvantages of the courts that may warrant a high degree of deference. At the same time, however, it remains sensitive to the polycentric elements of regulatory disputes as well as to a number of institutional realties that may attenuate the weight of such comparative institutional disadvantages.

Societal constructions of the psycho-legal notion of mental impairment in Victoria

This thesis explored the factors relevant to decision-making when the defence of mental impairment is raised in Victoria. Findings indicate that disorder type, crime outcome, and the relationship between victim and offender were significantly associated with verdict decisions, while offender gender did not play a significant role in responsibility decisions. The portfolio discusses the role of co-morbid psychopathology in the assessment and treatment of veterans with chronic PTSD by presenting four case histories.

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.

Cross-cultural issues in the supervision of a Chinese socio-legal PhD student

The purpose of this co-authored paper is to explain how culturally specific features of Chinese students impact on the processes by which they commence their socio-legal research degrees by research candidature. The presentation by the co-authors of the paper will include a simulation of the first meeting between the candidate and the supervisor. This simulation will show how specific features of Chinese culture and the Chinese education system create a massive culture shock when Chinese research students are exposed to Anglo-Australian academic culture. We will explain how the underlying principles of Chinese culture impact on the candidate‘s expectations in relation to: the role of the supervisor; the requirement of original contribution; expectations in feedback on written work and communication more generally . We will then propose strategies for reducing the impact of culture shock and improving the experience of the candidature and the performance from each party to the relationship in terms of timely completions and reduced attrition. These strategies derive from the authors‘ experience in relation to doctoral research management and cross-cultural communication.

The relationship between building adaptation and property attributes

Using a database of building adaptation and property attributes this research examined every adaptation event in Melbourne's CBD between 1998 and 2008. The importance of property attributes was derived using a principal component analysis and a weighted index of optimal decision making attributes was proposed; the Preliminary Assessment Adaptation Model (PAAM). The findings indicate the relationship between property attributes is more complex than hitherto held. Overall physical attributes were found to be more important than others such as economic, environmental, legal and social attributes; however physical attributes alone are not important and are closely related to other attributes.

Unchecked manipulations, price–volume relationship and market efficiency: evidence from emerging markets

This paper investigates how unchecked manipulations could cause frequent trade-induced manipulations and weak-form market inefficiency in South Asian stock markets [Bombay Stock Exchange (BSE), Dhaka Stock Exchange (DSE) and Karachi Stock Exchange (KSE)]. Specifically, the paper analyses the price–volume relationship as one of the many cases of market inefficiency. By employing various econometric tests, this paper first provides conclusive evidence of market inefficiency in these markets. It then extracts evidence of manipulation periods from legal cases and analyses price–volume relationship during these periods. The paper finds that there exists market-wide trading-induced manipulations, where excessive buying and selling causes prices to inflate artificially before crashing down. The paper concludes that South-Asian markets are inefficient in the weak-form.

At the crossroads : the relationship between heritage and intellectual property in traditional knowledge protection in Southeast Asia

Matters related to traditional knowledge (TK) and traditional cultural expressions (TCEs) are 'at the crossroads' in various respects. From a legal perspective, TK is discussed in several international forums and is at the intersection of several already established or still emerging fields of law. Of particular interest here is the relationship between heritage and intellectual property. It is discussed in international diplomatic negotiations on intellectual property (IP) protection for TK/TCEs in the context of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO) and in the context of the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage. Geographically, TK is also located 'at the crossroads'. It is linked to cultural spaces associated with certain peoples and certain territories and these are often not identical with the borders of nation states. Such borders are a colonial artefact that often fails to reflect the ethno-geographical reality of a region. The divergent national and ethnic boundaries create overlapping claims in situations that may be further complicated by both ancient and modern transmigrations and/or shared heritage. The Southeast Asian region, which is the geographical focus of this article, has been at the crossroads of trade and religious and cultural influences for centuries and it provides, therefore, excellent examples for such overlapping cultural spaces and resulting conflicting or competing claims. The article examines the legal and geographical intersections that have contributed to the current situation and the relationship between cultural and intellectual property in regional claims as well as examples of disputes that have arisen and the reasons for them.

Legal issues: minors' decision-making capacity to refuse life-saving and life-sustaining treatment: legal and psychiatric perspectives

Laws in Belgium and the Netherlands permit euthanasia and assisted suicide for seriously ill children who experience "constant and unbearable suffering" – they have the capacity to request death by lethal injection if they convey a "reasonable understanding of the consequences" of that request. The child's capacity to understand death is therefore a prerequisite to the implementation of the request. However, modern neuro-psychological and fMRI (functional Magnetic Resonance Imaging) studies of the relationship between the neuro-anatomical development of the brain in human beings and their emotional and experiential capacity, demonstrates that both are not fully developed until the early 20s for girls and mid-20s for boys. Unlike Belgium and the Netherlands, the clinical and legal implications of the immaturity of the brain on medical decision-making of minors, in particular life and death decisions, have been implicit in the Australian courts' approach to the refusal of life-saving and life-sustaining treatment by minors. This approach is exemplified by X v Sydney Children's Hospitals Network [2013] NSWCA 320 (and a series of earlier cases).

Os desafios da integração legal

We introduce and discuss the idea of Legal Integration, providing a few evidences on it, in Brazil and South America. The forms of and incentives to Legal Integration, as well as the answers to it, by Western Europe, Mexico and China, are also discussed. We advocate, for Brazil, the adoption of the concept of a more flexible and shared sovereignty, and a more active and concerned attitude in the delicate relationship between international treaties and the domestic juridical order.

An empirical approach toward understanding the linkage between legal and financial institutions

Researchers have made different attempts to investigate the interaction between the quality and efficiency of a country’s institutions and a country’s economic performance. Within this framework, emphasis has been put on the relationship between the legal institutions and the financial system as essential factors in creating and enhancing overall economic growth. The link between legal institutions and the financial systems, however, is still somewhat controversial. This paper reports on a survey administered to 1,362 participants regarding preferences for investment under different legal and financial institutions. Results suggest that the performance of a country‘s legal institutions affects the willingness to invest money in that country and that people of different gender, age, political traditions, and professional experience react differently to these institutions.

Gestão estratégica da informação como fator condicionante para a definição e implementação de políticas de defesa e segurança nacional no contexto da Amazônia Legal: o caso SIPAM/SIVAM

The objective of this work is the study of the existing correlations between the strategical use of the information and the joint and implementation of defense politics and national security in the Legal Amazonian. For in such a way, the proposal was developed from the analysis of the systems of protection and monitoring of the Amazonian (SIPAM/SIVAM), where we search to inquire as these systems have contributed for the definition and implantation of these politics. For the Amazonian, with its natural wealth, threats and vulnerabilities, the perspectives of integration, security and national defense and of sustainable development constitute great challenges to be faced, where the efficient use of the technology is a basic reference that must be incorporated in the strategies and public politics in these areas. One is about a strategical project, conceived with vision of future, protection and development of the . The objective SIPAM/SIVAM the defense and the guarantee of the Brazilian sovereignty in the Legal Amazonian, beyond the systematization and accomplishment of the governmental actions in the region, by means of the intensive use of technological apparatus. In turn, they reflect the priority that the Amazon region has in terms of defense and security for the Country, and symbolize the strategy of the State to protect it. The SIPAM/SIVAM if finds in a boarding line in which the guarantee of the national sovereignty also involves the care with the development of the local population, inside of a proposal educative and integrator. Like conclusion we affirm that of the SIPAM/SIVAM creates a new paradigm for the public administration, where the organizations work with a shared set of information, beyond starting to act of integrated form. Thus, when searching permanently the rationalization of efforts and resources, trying an unknown form of institution relationship where infrastructure and products are shared, the SIPAM/SIVAM creates a new premise for the Brazilian public administration and contributes to give a new direction to the development of the Amazonian.

Islamic law and international law: the terms of a relationship

The relationship between Islamic Law and other legal systems (basically western type domestic legal orders and international law) is often thought of in terms of compatibility or incompatibility. Concerning certain subject matters of choice, the compatibility of Islamic (legal) principles with the values embedded in legal systems that are regarded as characteristic of the Modern Age is tested by sets of questions: is democracy possible in Islam? Does Islam recognize human rights and are those rights equivalent to a more universal conception? Does Islam recognize or condone more extreme acts of violence and does it justify violence differently? Etc. Such questions and many more presuppose the existence of an ensemble of rules or principles which, as any other set of rules and principles, purport to regulate social behavior. This ensemble is generically referred to as Islamic Law. However, one set of questions is usually left unanswered: is Islamic Law a legal system? If it is a legal system, what are its specific characteristics? How does it work? Where does it apply? It is this paper`s argument that the relationship between Islamic Law and domestic and international law can only be understood if looked upon as a relationship between distinct legal systems or legal orders.

Relationship between visualization of meiotic spindle in human oocytes and ICSI outcomes: a meta-analysis

The objective of this meta-analysis was to investigate the influence of meiotic spindle visualization in human oocytes on intracytoplasmic sperm injection (ICSI) outcomes. Search strategies included on-line Surveys of databases (MEDLINE, em BASE, Science Citation Index, Cochrane Controlled Trials Register and Ovid). The fixed effect was used for odds ratio. Ten trials fulfilled the inclusion criteria comparing in-vitro and clinical ICSI outcomes with or without visualization of meiotic spindle in fresh and in-vivo matured oocytes. According to the meta-analysis, the results showed statistically significant higher fertilization rate (P < 0.0001) when the meiotic spindle was viewed than when it was not. Moreover, the percentage of pro-nuclear-stage embyros with good morphology (P = 0.003), cleavage rate (P < 0.0001), percentage of day-3 top-quality embryos (P = 0.003) and percentage of embryos that reached the blastocyst stage (P < 0.0001) were statistically significantly better among, embryos derived from oocytes in which meiotic spindle was viewed compared with those in which meiotic spindle was not observed. However, these differences were not observed in the clinical pregnancy or implantation rates. This observation has clinical relevance mainly in countries where there is a legal limit on the number of oocytes to be fertilized. However, additional controlled trials are needed to further confirm these results.

Profile evaluation of orthodontic professionals as for their legal actions

Objective: Evaluate the legal actions and behavior in the doctor/patient relationship, used by dental surgeons practicing orthodontics. Methods: The population sample of the present study consisted of dental surgeons, active in the field of orthodontics, and registered with Dental Press Publishing Company - Maringá/PR, Brazil, with a total sample size of 525 professionals. The research was conducted using a 17-question survey forwarded to these professionals. Results and Conclusions: The majority of participants in our study are specialized in orthodontics; 75% of professionals use some sort of contract at the office/clinic; 73.7% of professionals periodically request maintenance X-rays; a large percentage of professionals (58.9%) keep patient records on file for life. The interviewed professionals demonstrate good knowledge of the Brazilian Code of Ethics in Dentistry, especially of Chapter XIV - on Communication.