Venture’s economic impact in Australia

We empirically compare the contributions of venture capital (VC) and private equity backed firms, including those backed by government subsidized innovation investment funds (IIFs), in the Australian economy by analyzing employment, R&D, patents, time to IPO, and market capitalization from market inception to August 2012. Overall, the data highlight a central role for VC and IIF investment in facilitating R&D, innovation, and economic growth. Our IIF findings highlight the success of government sponsorship of VC under the Australian program design, which is sharply in contrast with the lack of success of government venture programs in other countries.     

Vulnerabilities in China’s Legal System

Social Justice Research -     

Inconsistencies in Mothers’ and Group Therapists’ Evaluations of Resilience in Preschool Children who Live in Households with Intimate Partner Violence

The association between mother-reported child adjustment problems and group therapists’ ratings of resilience was evaluated in preschool-aged children who reside in homes where intimate partner violence (IPV) is present. Multiple reporters’ evaluations of resilience were assessed to determine how young children display resilience at home and in treatment. Reporters were mothers and child therapists who evaluated resilience in 52 preschoolers who lived in households where IPV occurs. Group therapists’ ratings of resilience were negatively correlated with children’s externalizing behavior problems. Findings indicated poor rater agreement between mothers and group therapists on some aspects of resilience. Evaluations differed based on demographic factors, with the most variability in resilience by child age. Given the lack of research on this topic and the common practice of only one informant supplying most of the data used in studies of child functioning, the current study provides unique information by comparing multiple reports across settings.     

Who’s in favour? Same-sex union laws in parliament

The article analyses which parties support registered partnership and same-sex marriage bills in parliament in Western Europe. Existing comparative research indicates that left parties back same-sex union laws. This article shows that support is not limited to the left camp. Liberal and even Christian democratic parties have expressed above-average support as well, albeit with certain exceptions. The chief opponents of same-sex union laws are Protestant parties and the parties of the far right; in terms of numbers, however, both are largely insignificant. Far more relevant for these laws’ chances of success are the positions of the large parties at the centre and at the right of the political spectrum. The analysis reveals considerable inter-country differences in these parties’ attitudes, which can be explained to a large extent with the two-worlds-of-morality-politics distinction introduced by Engeli, Green-Pedersen and Larsen: countries in which centre and right parties continue to oppose same-sex union laws are part of the religious world, with the exception of France. The results for France indicate a need for further research.     

Parents’ and non-parents’ beliefs about the cues to deception in children

Previous research has suggested that certain groups of experts are better at detecting deception than others. A possible explanation for this finding is that some expert groups have different beliefs about the cues to deception. This study investigated these beliefs in one such expert group, namely parents. Four different scenarios were presented, each scenario depicting a deception for a child at a different age. For each one, participants were asked to indicate whether behaviours would occur more or less frequently during deception. Some differences were found between parents and non-parents for overall beliefs, however there were few differences in their awareness of situational variations, with all participants being aware that deceptive behaviour could change across situations. Results are discussed in terms of the relationship between beliefs and expertise as well as the importance of direct versus indirect experience in the formation of beliefs about the cues to deception.     

Advances in Place-Based Methods: Editors’ Introduction

Journal of Quantitative Criminology -     

Policing Outlawed Desire: ‘Homocriminality’ in Beat Spaces in Australia

Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play between gay men and agents of the law.

Parties’ legal capacity in electronic commerce transactions

The aim of this article is to scrutinise the uncertainty of the Iranian Electronic Commerce Law (IRI ECL 2004) provisions especially on the issue of capacity of parties. Issues of parties’ legal capacity have been resolved in traditional contracts but they are still debatable in electronic commerce transactions. Under UK law, contracts formed by minors for things other than necessities are unenforceable against the minor but enforceable against the merchant (seller) while according to US uniform commercial code in online contracts capacity is not recognized as a legal excuse to nullify a contract. At the mean time, contracts made by incapacitate person is considered null under Iranian law. In spite of technical developments such as digital signatures and smart cards used in verifying the identity and capacity of parties in electronic commerce transactions, the legal certainty on capacity of parties is still questionable. The article also examines the application of traditional contract general rules on parties’ legal capacity in Iran to electronic commerce with reference to EU law. The EU law which is already at an advance stage serves a guide for future development of e-commerce law in Iran.     

Attorneys’ career dissatisfaction in the new normal

The 2008 economic recession had a seismic impact on the legal market. In this article, we empirically assess whether the recession has made law an unsatisfying career. Relying on survey data from over 11,000 active members of the State Bar of Texas, we find that only 13.5 percent of all attorneys and 11.5 percent of full-time attorneys are dissatisfied with their careers. Newer attorneys report greater career dissatisfaction than more experienced attorneys, yet they too are largely satisfied. We also determine using logistic regression that three factors are highly predictive of lawyers’ career dissatisfaction: (1) comparatively low incomes; (2) working in private practice as opposed to in government or non-profit/public interest; and (3) law firm employment in a non-partnership role. Equally important, debt and lower class rank only slightly increase the odds of career dissatisfaction; and race, gender, years of practice experience, and firm size have no effect.     

Women’s activism in a drug user union in the Downtown Eastside

Marginalized women in Canada who use criminalized drugs are often defined through institutional discourses of addiction, disease, poverty, sex work, and violence. Framed by many researchers as an at risk population, the fullness of these women’s lives is often rendered invisible, and the complexity, diversity, and range of experiences of their political and community work and their movement through the city are less often a topic of interest. This gap is addressed through an exploration of how some marginalized women come to know and experience themselves politically and physically, as part of a reflection upon their movement in and through the Downtown Eastside (DTES) of Vancouver, British Columbia, Canada. Drawing from community-based research in the DTES over a four-month period with women in leadership roles at the Vancouver Area Network of Drug Users, a drug user union, this paper highlights the results from focus groups and brainstorming sessions. The participants disrupt conventional notions of addiction and criminalization through their political and community activities and their ongoing resistance to systemic discrimination.     

Artists in an Iron Cage? Artists’ Work in Performing Arts Institutions

This article discusses artists’ work in performing arts institutions in Norway. Many scholars describe Nordic performing arts institutions as slow-moving and heavy “art factories,” where artistic creativity is almost suffocated within bureaucratic “prisons.” The general problem that we raise in the article is whether this pessimistic picture of the relation between state control, market influence, and artistic work is relevant for studying the performing arts today. The study is primarily based upon twenty-seven qualitative interviews with informants in an institutional theatre and a symphony orchestra. We conclude that the actors in the Theatre are trapped—not so much within “a bureaucratic iron cage”—but rather within “an iron cage of charismatic leadership,” while the musicians in the Orchestra enjoy the relative freedom and democratic power of a rather soft bureaucratic organization.     

Marginalizing Revolutionaries in Egypt’s Civil State Debate

After President Hosni Mubarak was overthrown on February 11, 2011, competing narratives emerged about the Egyptian civil state during the formulation of the 2012 and 2014 constitutions. Arguably, the army’s political domination and the Islamic–secular rivalry were behind the marginalization of young activists, militants in social movements, and many other civilians known as revolutionaries who took part in the January 25 Revolution, during the formulation of both constitutions.

The following offers two new perspectives in the analysis of peaceful democratic transition in Egypt after the revolution. First, it relies on the analysis of the different actors’ discourses about civil state in order to show how both constitutions overlooked the revolutionaries’ vision and impeded peaceful democratic transition. Second, it addresses the civil state debate on which writings related to democratic transition in the Middle East remained silent and rather focusing on military–Islamist relations, the political economy of post-revolutionary regimes, and alliance shifts in foreign policy.     

Form and Agency in Raz’s Legal Positivism

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address.     

The ‘unwanteds’ and ‘non-compliants’: ‘unsupported mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres*

Abstract

Ideas of assimilated citizenship are inherently gendered and during Australia’s post-World War Two migration boom they were deeply and explicitly invested in marriage, children and domesticity. In this period of social conservatism and economic boom, assimilation rhetoric functioned as a reassuring mirror for the host population, promoting the dream of prosperous family life as the ultimate aspiration for refugees and migrants. The role of immigration Holding Centres within this vision was to provide a context in which migrants and refugees could take their first steps towards accomplishing this dream. These Centres of necessary temporary residence were designed as sites of transition towards autonomous, assimilated family life. However, those families headed by single mothers, often referred to in government records as ‘unsupported mothers’, had limited opportunities to live up to such images of assimilation, or even to comply with the economic imperatives of the migration scheme that had brought them to Australia. Based mainly on Department of Immigration records, this article demonstrates that despite recognising the long-term economic and social prospects their children represented, government agencies viewed many unsupported mothers as system failures. They attempted to remedy the situation by turning these women into live-in domestic workers, at times placing pressure on them to institutionalise their children in order to facilitate this, thereby prioritising their compliance with economic imperatives over support for their parenting. Within the limited scope of their agency, unsupported mothers responded by attempting to negotiate the terms of their compliance or simply refusing to comply. For the latter group, Holding Centres became a more permanent home. This permanence is read here as a gendered form of resistance to a system that struggled to foster their economic self-reliance without compromising their capacity to be mothers.     

Modelling appellate courts’ responses in motor injury disputes

Motor third-liability insurance is compulsory in the European Union. We examine the behaviour of Spanish appellate courts in the context of motor liability insurance and pay particular attention to four characterising features. Specifically, we investigate (1) how the appellate court interprets the rules for updating the financial compensation when the courts’ ruling is made in a different year to that in which the motor accident occurred; (2) the response of the appellate court when its legal medical evaluation differs from the court’s decision; (3) whether the appellate court modifies the criteria when the insurance company was not charged with interest for delaying payment in the first instance; (4) whether the fault allocated by trial courts is revised by the appellate court. We apply a multi-categorical selection mechanism to deal with samples that are potentially non-random. This allows us to separately consider the characteristics of victim’s and the insurer’s decisions to appeal. The results indicate that disputing agents have significantly different appeal functions, where insurers show a more effective and consistent behaviour than victims.     

The Legal Subject in Althusser’s Political Theory

There are three dominant conceptual developments in Althusser’s work that suggest the significance of the subject. One is the perpetual work of ideology—its interpellation of individuals. The second is the primacy of the class struggle in relation to the state, and the consequential function of law and rights. The third is the materialism of the encounter as a process without subject. An examination of these three areas (in part, utilising a Foucauldian analysis of subjectivity and power relations) reveals the potentially and strategically important role of legal subjectivity in Althusser’s theory of the political.