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 -     

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.     

‘Mr Peel’s Amendments’ in New South Wales: Imperial Criminal Reform in a Distant Penal Colony

This article investigates the difficult interface between metropolitan legal reform and empire in the late 1820s. In 1828, the Supreme Court of New South Wales sentenced dozens of men to death under legislation that had been repealed in Britain. It then insisted that every one of them be set free. This mess raised a fundamental question agitated in different ways around the empire in that decade: to what degree should colonial subjects enjoy the benefits of modernized metropolitan criminal law? Even as successive local and metropolitan Acts imposed new constraints on the civil rights of convicts in New South Wales, the Supreme Court insisted that even the most notorious recidivists in the colony should be protected against the Bloody Code from the moment it was reformed at home. In doing so, the court ignored the terms of section 1 of the Criminal Statutes Repeal Act passed at the request of a former East India Company officer to preserve the operation of the Code in India. Thus the peculiar reception controversy in New South Wales shows not only how disruptive metropolitan reform could be for colonies, it performed a growing racial gap in the imagination of legal subjecthood in different corners of empire.     

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.     

‘Fear’ and ‘Hope’ in Graphic Fiction: The Schismatic Role of Law in an Australian Dystopian Comic

The rise in popularity in recent times of dystopian fiction (particularly among young adults) is reflective of contemporary anxieties about law: the inhumanity of judicial-coercive machinery; the influence of corporate power; the lack of democratic imagination despite the desperate need for political reform; and the threat of order imposed through violence and victimisation. These dystopian texts often tell fear-inducing stories of law’s failure to protect; or of law’s unsuccessful struggle against unbridled power; or even sometimes of law’s ‘bastardised’ reconstruction. Indeed comics, with their visual and narrative intricacies, thrive on dystopia as a key vehicle for contributing to collective notions of fear and trembling about the future. Yet, at the same time, these texts also contain within them the blueprints for hope—the idea that with transformation, heroic intervention, and/or faith in ‘justice’, the law will ultimately prevail. Law’s ability to be transformed is thus simultaneously portrayed as society’s downfall (when manipulated and disrupted), AND as the key to enlivening humanity (when redeemed and restored). This article attempts to understand this schismatic role of law as presented in the recent dystopian comic book series From Above by Australian creator Craig Bruyn. In this series set in futuristic Melbourne, where law has given way to an unaccountable corporate rule, the social divide is made manifest by the absence of ‘order’, ‘law’ and ‘justice’ in certain segments of society, and yet hope in law’s return is ever-present. The paper will interrogate expectations of law and justice that is mediated through the complex interaction of fear and hope, and contextualise this within current contemporary anxieties.     

College Students’ Satisfaction with Police Services in Taiwan

The purpose of this study was threefold: First, it explored the incidence of police-college student confrontations in Taiwan over the course of the three decades following the abolition of martial law in 1987. Second, it examined the correlates of satisfaction with police services among college students. Third, and most importantly, a Chinese cultural value I characterize as benevolent sympathy was introduced and integrated into a theoretical framework developed in Western societies to assess citizen satisfaction with police work. Using survey data collected from 688 college students across Taiwan, results derived from a series of ordinary least squares (OLS) regression analyses showed that benevolent sympathy plays a significant role in the explanation of satisfaction with police services among these students. In addition, neighborhood disorder, collective efficacy, fear of crime, voluntary contact experience and nature of locality produced significant impacts even after controlling for demographic background characteristics. The public policy implications of the findings included the following: (1) Educators in college-level institutions might benefit from reviewing the curriculum of their academic programs and include the purposeful cultivation of good virtues such as benevolent sympathy in their courses; (2) Police administrators should likely institute training programs designed to improve communication skills, promote professional knowledge, and enhance neighborhood-specific services in sworn police officer training programs (particularly for officers serving in rural areas); (3) Police agencies should pay more attention to their behaviors and services in neighborhoods where disorder crimes and higher levels of fear exist; and (4) To enhance quality of police services to college students in particular, police departments need to take greater advantage of the effectiveness of the Internet for communicating with this population.     

Access to Legal Services in Women’s Shelters

This study examines access to legal services among clients of three Calgary-area domestic violence shelters. The study samples the views of staff and clients at three domestic violence shelters with the goals of improving understanding of clients’ legal service needs, understanding the challenges clients attempting to access legal services encounter and making recommendations for improvement. The authors conclude that clients’ service needs are complex and often involve legal problems, yet shelters face specific organizational barriers to coordinating legal services. The authors recommend that a further analysis be undertaken to examine the legal access patterns of women experiencing domestic violence, to assess the prevalence of the barriers identified in the study and to determine whether further barriers are present in other shelters.