Copyright (c) 2008 All rights reserved. http://law.bepress.com Recent documents in bepress Law Collection en-us Mon, 12 May 2008 02:32:58 PDT 3600 http://law.bepress.com/alea/18th/art75 http://law.bepress.com/alea/18th/art75 Fri, 09 May 2008 16:10:20 PDT SETH A. SEABURY Behavioral Law and Economics Torts and Compensation Systems http://law.bepress.com/alea/18th/art74 http://law.bepress.com/alea/18th/art74 Fri, 09 May 2008 09:47:23 PDT Claire A. Hill Contracts Negotiations and Deal-Making http://law.bepress.com/alea/18th/art73 http://law.bepress.com/alea/18th/art73 Fri, 09 May 2008 09:47:22 PDT Rick Geddes Family and Gender Property http://law.bepress.com/alea/18th/art72 http://law.bepress.com/alea/18th/art72 Fri, 09 May 2008 09:47:21 PDT Lily L. Batchelder Taxation, Public Finance, and Social Welfare http://law.bepress.com/unswwps/flrps08/art32 http://law.bepress.com/unswwps/flrps08/art32 Thu, 08 May 2008 19:24:35 PDT Criminology, human rights and Indigenous peoples: how do we understand the connections between these three terms? For too long the voices arguing to connect criminology with human rights were isolated and marginalized. At best, the possible links were seen as peripheral to the main concerns of criminology. At worst, bringing a human rights understanding to definitions of crime and criminal justice was seen as undermining criminology's search for scientific status. And as for Indigenous people? They were seen as part of the ''crime problem'', a segment of the problem population whose criminality needed explanation. Human rights apparently had nothing to do with their offending behaviour.However, over the last decade or so the intellectual terrain has shifted significantly. As a result of these developments we can see at least three strands to how we might bring criminology to a more intellectually robust understanding of Indigenous people and human rights. The first point is that Indigenous people have been victims of profound historical injustices and abuses of human rights which can be at least partially understood as state crime. The second point is that contemporary justice systems are often seen in the context of the abuse of Indigenous people's human rights. The third strand is an analysis of how claims to specific Indigenous rights impact on current criminal justice processes, and how those claims might broaden our understanding of reform and change. Chris Cunneen Criminal Law and Procedure http://law.bepress.com/unswwps/flrps08/art31 http://law.bepress.com/unswwps/flrps08/art31 Thu, 08 May 2008 19:14:48 PDT This submission responds to Part E of the Australian Law Reform Commission's Discussion Paper 72 Review of Australian Privacy Law, September 2007, which deals with exemptions from the Privacy Act 1988 (Cth). The ALRC has proposed a separate part in the Act which would contain all the separate exemptions from the law. The submission restates the view that many of the current exemptions from the Privacy Act unnecessarily create 'privacy-free zones' where an organisation, or a class of organisations, are given a complete exemption from all Information Privacy Principles and National Privacy Principles, when all that is justifiable is an exemption from, or more likely a modification of, some IPPs/NPPs. The submission welcomes the ALRC's comprehensive review of the justification, or lack of justification, for all the current exemptions. The submission supports the proposed removal of the small business, employee records and political exemptions. The intended tightening up of the media exemption is also welcomed, although the means by which this is proposed are questioned.. The proposals for application of the Act to more government agencies, and for a requirement for privacy guidelines for those agencies which need to remain exempt, are also supported, with suggestions for additional refinements. Nigel Waters Consumer Protection Law Law and Technology http://law.bepress.com/alea/18th/art71 http://law.bepress.com/alea/18th/art71 Thu, 08 May 2008 10:46:00 PDT Howard F. Chang Family and Gender Taxation, Public Finance, and Social Welfare http://law.bepress.com/alea/18th/bazaar/art7 http://law.bepress.com/alea/18th/bazaar/art7 Wed, 07 May 2008 17:38:39 PDT Jennifer Arlen Behavioral Law and Economics http://law.bepress.com/alea/18th/bazaar/art6 http://law.bepress.com/alea/18th/bazaar/art6 Wed, 07 May 2008 17:38:38 PDT Alex Edmans Contracts http://law.bepress.com/alea/18th/bazaar/art5 http://law.bepress.com/alea/18th/bazaar/art5 Wed, 07 May 2008 17:38:38 PDT Jose G. Vargas-Hernandez Behavioral Law and Economics http://law.bepress.com/alea/18th/bazaar/art4 http://law.bepress.com/alea/18th/bazaar/art4 Wed, 07 May 2008 17:38:37 PDT Matthew D. Adler Taxation, Public Finance, and Social Welfare http://law.bepress.com/alea/18th/art70 http://law.bepress.com/alea/18th/art70 Wed, 07 May 2008 17:38:36 PDT Robert D. Cooter Torts and Compensation Systems http://law.bepress.com/alea/18th/art69 http://law.bepress.com/alea/18th/art69 Wed, 07 May 2008 17:38:36 PDT Andrew M. Francis Civil Rights and Discrimination Health Law http://law.bepress.com/alea/18th/art68 http://law.bepress.com/alea/18th/art68 Wed, 07 May 2008 17:38:35 PDT Rosa Ferrer The Legal Process, Including Litigation, Procedure, Evidence, Courts, and Lawyers http://law.bepress.com/alea/18th/art67 http://law.bepress.com/alea/18th/art67 Wed, 07 May 2008 17:38:35 PDT Enrichetta Ravina Civil Rights and Discrimination http://law.bepress.com/alea/18th/art66 http://law.bepress.com/alea/18th/art66 Wed, 07 May 2008 17:38:34 PDT Albert H. Choi Contracts Negotiations and Deal-Making http://law.bepress.com/alea/18th/bazaar/art3 http://law.bepress.com/alea/18th/bazaar/art3 Wed, 07 May 2008 17:28:37 PDT Luigi A. Franzoni Intellectual Property http://law.bepress.com/alea/18th/bazaar/art2 http://law.bepress.com/alea/18th/bazaar/art2 Wed, 07 May 2008 17:28:36 PDT Steven Shavell Property http://law.bepress.com/alea/18th/art65 http://law.bepress.com/alea/18th/art65 Wed, 07 May 2008 17:28:36 PDT Lior J. Strahilevitz Civil Rights and Discrimination http://law.bepress.com/alea/18th/bazaar/art1 http://law.bepress.com/alea/18th/bazaar/art1 Wed, 07 May 2008 17:04:21 PDT Kristoffel R. Grechenig Corporate and Securities Law: Comparative and International Theory of the Firm, Including Non-Profits and Governmental Organizations http://law.bepress.com/alea/18th/art64 http://law.bepress.com/alea/18th/art64 Wed, 07 May 2008 17:04:21 PDT James C. Spindler Corporate Law and Corporate Governance: Policy and Theory Securities Regulation, Financial Institutions, and Capital Markets Regulation http://law.bepress.com/alea/18th/art63 http://law.bepress.com/alea/18th/art63 Wed, 07 May 2008 17:04:20 PDT Fernando Gomez Torts and Compensation Systems http://law.bepress.com/alea/18th/art62 http://law.bepress.com/alea/18th/art62 Wed, 07 May 2008 17:04:19 PDT David Reiffen Corporate Law and Corporate Governance: Policy and Theory Securities Regulation, Financial Institutions, and Capital Markets Regulation http://law.bepress.com/alea/18th/art61 http://law.bepress.com/alea/18th/art61 Wed, 07 May 2008 13:46:23 PDT Shmuel Leshem Criminal Law and Enforcement The Legal Process, Including Litigation, Procedure, Evidence, Courts, and Lawyers http://law.bepress.com/alea/18th/art60 http://law.bepress.com/alea/18th/art60 Wed, 07 May 2008 13:46:22 PDT Matthew D. Adler Environmental Public Law /Administrative Law http://law.bepress.com/alea/18th/art59 http://law.bepress.com/alea/18th/art59 Wed, 07 May 2008 13:46:21 PDT Joshua C. Teitelbaum Torts and Compensation Systems http://law.bepress.com/alea/18th/art58 http://law.bepress.com/alea/18th/art58 Wed, 07 May 2008 13:46:20 PDT Alan O. Sykes International Law, International Trade, and Immigration http://law.bepress.com/alea/18th/art57 http://law.bepress.com/alea/18th/art57 Wed, 07 May 2008 13:38:56 PDT Ehud Guttel Environmental Torts and Compensation Systems http://law.bepress.com/alea/18th/art56 http://law.bepress.com/alea/18th/art56 Wed, 07 May 2008 13:38:55 PDT Alicia Davis Evans Securities Regulation, Financial Institutions, and Capital Markets Regulation http://law.bepress.com/alea/18th/art55 http://law.bepress.com/alea/18th/art55 Wed, 07 May 2008 13:38:54 PDT C. Scott Hemphill Antitrust and Regulated Industries Health Law http://law.bepress.com/alea/18th/art54 http://law.bepress.com/alea/18th/art54 Wed, 07 May 2008 13:38:54 PDT Katharina Pistor Corporate and Securities Law: Comparative and International Law and Development http://law.bepress.com/alea/18th/art53 http://law.bepress.com/alea/18th/art53 Wed, 07 May 2008 13:38:53 PDT EMILY KADENS Commercial Law http://law.bepress.com/alea/18th/art52 http://law.bepress.com/alea/18th/art52 Wed, 07 May 2008 13:38:52 PDT Alex Raskolnikov Taxation, Public Finance, and Social Welfare http://law.bepress.com/alea/18th/art51 http://law.bepress.com/alea/18th/art51 Tue, 06 May 2008 12:15:50 PDT Ariel Porat Contracts Torts and Compensation Systems http://law.bepress.com/alea/18th/art50 http://law.bepress.com/alea/18th/art50 Tue, 06 May 2008 12:15:49 PDT John Armour Corporate and Securities Law: Comparative and International Corporate Law and Corporate Governance: Empirical http://law.bepress.com/alea/18th/art49 http://law.bepress.com/alea/18th/art49 Tue, 06 May 2008 12:15:48 PDT Chris William Sanchirico Family and Gender Taxation, Public Finance, and Social Welfare http://law.bepress.com/alea/18th/art48 http://law.bepress.com/alea/18th/art48 Tue, 06 May 2008 12:11:47 PDT OLIVER HART Theory of the Firm, Including Non-Profits and Governmental Organizations http://law.bepress.com/alea/18th/art47 http://law.bepress.com/alea/18th/art47 Tue, 06 May 2008 12:11:47 PDT Oren Bar-Gill Commercial Law Contracts http://law.bepress.com/alea/18th/art46 http://law.bepress.com/alea/18th/art46 Tue, 06 May 2008 12:11:45 PDT Jonathan Barnett Intellectual Property http://law.bepress.com/alea/18th/art45 http://law.bepress.com/alea/18th/art45 Tue, 06 May 2008 12:11:44 PDT Wenli Li Bankruptcy and Creditors' Rights Behavioral Law and Economics http://law.bepress.com/alea/18th/art44 http://law.bepress.com/alea/18th/art44 Tue, 06 May 2008 12:11:44 PDT J. Mark Ramseyer Health Law http://law.bepress.com/alea/18th/art43 http://law.bepress.com/alea/18th/art43 Tue, 06 May 2008 12:11:43 PDT Vedran Capkun Bankruptcy and Creditors' Rights http://law.bepress.com/alea/18th/art42 http://law.bepress.com/alea/18th/art42 Tue, 06 May 2008 12:11:42 PDT Jennifer Arlen Torts and Compensation Systems http://law.bepress.com/alea/18th/art41 http://law.bepress.com/alea/18th/art41 Tue, 06 May 2008 12:11:41 PDT Dotan Oliar Intellectual Property http://law.bepress.com/unswwps/flrps08/art30 http://law.bepress.com/unswwps/flrps08/art30 Mon, 05 May 2008 19:28:19 PDT Infrastructure in Australia is under strain from two influences. First, the existing limited infrastructure is unable to keep pace with economic growth and, secondly, the demand for health and welfare infrastructure because of an ageing population. Yet, there are no special rules for the taxation of infrastructure in Australian taxation law, except in very limited circumstances. However, taxation impacts on infrastructure in two important ways. First, accessing the early stage tax losses in infrastructure projects and, secondly, the number of anti tax avoidance rules that it has attractedThis paper proceeds by discussing the general tax rules that apply to typical infrastructure project financing such as leasing, managing pre-completion losses and transferring depreciation deductions to financiers. Next is a discussion of the two Government initiatives that have offered investors early access to tax losses from interest and capital allowance deductions and the methods now used by investors to obtain those losses. It also asks the question whether there is a need for new incentives to be reintroduced. Finally, the paper considers the anti tax avoidance rules that have grown up around some of the unique aspects of infrastructure financing. Gordon MacKenzie Taxation http://law.bepress.com/unswwps/flrps08/art29 http://law.bepress.com/unswwps/flrps08/art29 Mon, 05 May 2008 19:14:53 PDT How we speak, the language and the categories we use, construct problems in particular ways, and imply certain solutions. The object of discussion becomes defined and the possible policy responses are circumscribed to address the 'problem'. The language we use also reflects power: who has the power to define the problem in a particular way, who is silenced by a particular representation. Defining crime, criminals and crime problems are susceptible to these issues of construction and representation, and the consequences can be particularly problematic in matters where crime is aligned with notions of 'race'. This chapter considers the moral panics that have occurred as a result of Indigenous demonstrations and riots, and the governmental and media interpretations of and responses to those disturbances, particularly the extent to which various narratives of lawlessness and disadvantage are employed. I am also interested in contrasting notions of moral panic with the concept of moral economy and the role of moral indignation. Chris Cunneen Criminal Law and Procedure http://law.bepress.com/unswwps/flrps08/art28 http://law.bepress.com/unswwps/flrps08/art28 Mon, 05 May 2008 18:54:17 PDT Drawing on research into audio-visually recorded interrogations in New South Wales, this paper comments on the implications for criminal justice in jurisdictions facing problems and controversies in the questioning of suspects. It considers whether various benefits and harms which were predicted to flow from audio-visual recording have eventuated, focusing on two issues - the interpretation of images and unrecorded questioning. Its conclusion is that audio-visual recording offers significant benefits to criminal justice, but is no panacea (and can even be counterproductive if treated as such). Audio-visual recording has to be part of a comprehensive regulatory regime: the paper concludes by arguing for a renewed commitment to the legal regulation of policing. David Dixon Criminal Law and Procedure http://law.bepress.com/unswwps/flrps08/art27 http://law.bepress.com/unswwps/flrps08/art27 Mon, 05 May 2008 18:39:38 PDT This submission addresses these issues in greater detail and, more specifically, responds to Part G of the ALRC Discussion Paper 72 (DP72) which addresses the credit reporting provisions of the Privacy Act. The ALRC proposes that Part IIIA of the Privacy Act 1988 be repealed and that instead, binding privacy rules imposing obligations on credit providers and credit reporting agencies that differ from the default Unified Privacy Principles should be promulgated in Regulations under the Act, with some of the current binding obligations left to non-binding guidance. The submission supports the proposal for Regulations provided they amount to an adequate replacement for Part IIIA. It follows that it would be necessary for the Regulations to be drafted and available for debate at the same time as any amendment repealing Part IIIA.Currently Part IIIA of the Act effectively licences a particular form of 'bundled pseudo-consent' whereby individuals applying for credit are required to consent to secondary use and widespread disclosure, through centralised credit reference databases, of information about their financial affairs. This submission argues that this should be acknowledged as a privileged state-sanctioned exception from normal expectations of privacy. From this starting point, it is only to be expected that there should be strict controls, limits an additional safeguards, and the onus should be on the community of lenders to justify any weakening of controls; derogations from obligations, or extension of the privilege in the form of more comprehensive credit reporting. Nigel Waters Consumer Protection Law Law and Technology http://law.bepress.com/unswwps/flrps08/art26 http://law.bepress.com/unswwps/flrps08/art26 Mon, 05 May 2008 18:26:46 PDT Taxation of superannuation is one of the most complex areas of taxation law largely because the Australian system has had three points at which tax was payable. These were when contributions were made to a superannuation fund, on the income of the fund itself and, finally, when a benefit was paid. The changes made to taxation of superannuation, which commenced on 1 July 2007, are a boon to those over 60 years old, but unless your marginal tax rate is greater than 15 per cent they do not make superannuation any more attractive as a savings vehicle. In addition, the changes have less obvious effects, including that employer sourced termination payments are now taxed separately from taxation of superannuation payments; and the rules that prevented individuals from overusing the favourable taxation of superannuation have been removed and replaced by limits on amounts that can be contributed to a superannuation fund. This paper will consider these, and other, changes to the system. Gordon MacKenzie Taxation http://law.bepress.com/unswwps/flrps08/art25 http://law.bepress.com/unswwps/flrps08/art25 Mon, 05 May 2008 18:07:23 PDT Policing in Indigenous communities is a vast topic to summarise, analyse and discuss in a few thousand words. It is an important issue on any range of measures. It is also an issue that demands attention to a range of broad political, socio-economic, cultural and historical contexts, as well as the more mundane matters of police operational concern. The political context requires us to understand the parameters in which Indigenous communities operate including the nature of Indigenous political demands and the key organisations that articulate those demands. The socio-economic context requires us to have knowledge about the position of Indigenous people in Australian society, in particular the consequences which arise from the profound level of disadvantage which many communities face and the impact that has on the relationship with the criminal justice system. The cultural context requires some knowledge about the nature of social relationships and cultural concerns in communities. Finally, the historical context is probably more important for police than any other government organisation delivering a service in Aboriginal communities, because police were an important arm in implementing government policy for Indigenous people in many parts of Australia during the much of the twentieth century.Given the complexity of the topic, this chapter will be selective and, from necessity, concentrate relatively briefly on a few key themes. They include an analysis of the background to the contemporary relationship between police and Indigenous people; a discussion of some of the key drivers for reform including the Royal Commission into Aboriginal Deaths in Custody and more recently Aboriginal Justice Advisory Councils and the development of Aboriginal Justice Agreements; and a discussion of some of the key policing approaches specific to Indigenous communities such as Aboriginal liaison officers and Aboriginal community police. Chris Cunneen Criminal Law and Procedure http://law.bepress.com/alea/18th/art40 http://law.bepress.com/alea/18th/art40 Mon, 05 May 2008 13:10:50 PDT Margaret F. Brinig Family and Gender http://law.bepress.com/alea/18th/art39 http://law.bepress.com/alea/18th/art39 Mon, 05 May 2008 13:10:49 PDT Yehonatan Givati Political Economy/Public Choice Public Law /Administrative Law http://law.bepress.com/alea/18th/art38 http://law.bepress.com/alea/18th/art38 Mon, 05 May 2008 13:10:48 PDT Christian Zehnder Behavioral Law and Economics Contracts