Making Law in Mid-Eighteenth-Century England: Legal Statutes and their Application in the Justicing Notebook of Phillip Ward of Stoke Doyle

This article analyses the notebook of an eighteenth-century magistrate, Phillip Ward. As Ward was especially diligent in recording the rationale behind his decision-making, it offers some unique insights into the summary process. The article considers the nature of the business that Ward dealt with and the amount of discretion he exercised in making his decisions. Throughout it draws upon the growing body of work on the role of the magistracy in the eighteenth century while also engaging with the long-standing debate about the use of the law in the period. Importantly, since Ward was operating before Richard Burn published the first edition of his guide for JPs this particular magistrate drew upon his own legal experience and his father's extensive law library. So while Ward was not making up the law as he went along he was working out how to apply it to the hearings that came before him. Thus this article will be of interest to historians of crime and the law as well as those interested in the social relations of the period.     

Exploring liars’ strategies for creating deceptive reports

Purpose. Most past research on detecting deception has relied on the assumption that liars often fabricate a story to account for their whereabouts, whereas truth tellers simply recall an autobiographical memory. However, little research has examined whether liars, when free to choose the topic of their own reports, will actually choose to fabricate information rather than use a different strategy for constructing their lies. We describe two studies that evaluated liars’ strategies for selecting the content of their lies when given the freedom to choose whatever content they desired. Method. In Studies 1 (N= 35) and 2 (N= 22) participants (a) described a truthful story in order to identify a salient event, then (b) lied about the event, and finally (c) described their strategies for choosing the content of the reported lies. Results. Liars overwhelmingly chose to report a previously experienced event for the time period they were to be deceptive about (67% and 86% in Studies 1 and 2, respectively). The majority of discrete details reported were experienced, occurred relatively frequently, occurred relatively recently, and were typical or routine. Conclusions. These findings have significant implications for the development of cognitive‐based interventions for detecting deception. In particular, some methods of deception that rely on content analysis may be ineffective if liars choose to report previous experiences rather than outright fabrications.     

Women Police in Post‐Fitzgerald Queensland: A 20 Year Review

The Fitzgerald report was the catalyst for major reforms to Queensland's system of government and criminal justice, and included explicit recommendations related to women in policing. Reforms led to the removal of discriminatory barriers and significant improvements in the recruitment and promotion of women. However, these changes provoked a backlash in the 1990s that led to reductions in female recruitment. A return to less discriminatory policies eventually ensued, with steady improvements on key equity indicators. This paper provides a historical perspective on developments over the two decades since Fitzgerald, and includes a critical analysis of the implementation of contemporary equity and diversity strategies within the policing context. Recruitment of women police in Queensland has plateaued at one‐third and progress in the overall number of sworn women and women in management is slow. The paper concludes by emphasising the wider lessons for a more developed and proactive gender equity program in public sector employment and policing.     

Declaratory relief: don't be afraid to ask

Legal and practical context. Declaratory relief has the widestscope of any judicial remedy and its flexibility in providingguidance makes it the perfect judicial salve. Yet the remedyis under-used and receives little practitioner commentary. Key points. The Court's power to issue interim or final declarationsis discretionary. Furthermore, courts are more willing to grantan application for a declaration where there is a genuine dispute,in contrast with a purely theoretical issue. Specific statutoryprovisions for IP rights include declarations of non-infringementand unjustified threats. Intellectual property practitionersshould note that declaratory relief can be attractive becauseof its flexibility, efficiency and perception. It is less antagonisticthan a claim for damages. Conclusion. Declarations are a useful option for intellectualproperty practitioners. Although declaratory relief is commonlyregarded as a defensive measure, it can in reality be used asa "sword or a shield".     

Estimating Regression Models in Which the Dependent Variable Is Based on Estimates

e-mail: jblewis{at}ucla.edu (corresponding author) e-mail: dlinzer{at}ucla.edu Researchers often use as dependent variables quantities estimatedfrom auxiliary data sets. Estimated dependent variable (EDV)models arise, for example, in studies where counties or statesare the units of analysis and the dependent variable is an estimatedmean, proportion, or regression coefficient. Scholars fittingEDV models have generally recognized that variation in the samplingvariance of the observations on the dependent variable willinduce heteroscedasticity. We show that the most common approachto this problem, weighted least squares, will usually lead toinefficient estimates and underestimated standard errors. Inmany cases, OLS with White's or Efron heteroscedastic consistentstandard errors yields better results. We also suggest two simplealternative FGLS approaches that are more efficient and yieldconsistent standard error estimates. Finally, we apply the variousalternative estimators to a replication of Cohen's (2004) cross-nationalstudy of presidential approval.     

Health news and the American public, 1996-2002

The Kaiser Family Foundation/Harvard School of Public Health Health News Index, a series of 39 surveys with a total of over 42,000 respondents from 1996 through 2002, measures how closely Americans follow major health stories in the news and what they understand about the issues covered in those stories. On average, four in ten adults reported following health news stories closely. The public reports paying the most attention to stories about public health, followed by health policy and disease-related stories. While knowledge about health news varies, individuals who follow health news stories closely are significantly more likely to give the correct answer to knowledge questions about those stories.     

The Department of External Affairs, the ABC & Reporting of the Indonesian Crisis 1965–1969

The Department of External Affairs took a keen interest in the manner in which Radio Australia reported events in Indonesia throughout the 1950s and 1960s. Radio Australia's high signal strength gave it a massive listening audience in the region. The attempted coup in Indonesia of 1965, its immediate aftermath, and the protracted power struggle that followed, triggered a period of cooperation and conflict between the Department and the Australian Broadcasting Commission over Radio Australia's reporting of events in Indonesia. During this time the Department received and acted upon advice from the Australian ambassador to Indonesia, Keith Shann, and, via Shann, received advice from the Indonesian Army on how it wanted the situation in Indonesia reported. This period is characterised by the Department's efforts to take over Radio Australia, and by cooperation between major western powers to coordinate information policy towards Indonesia. The Department also attempted to influence reporting of events in Indonesia by the Australian press and succeeded in convincing newspaper editors to report and editorialise in a manner sensitive to the Department's concerns.     

How High Should They Jump? An Empirical Method for Setting Municipal Financial Ratio Performance Benchmarks

Heightened concerns regarding the financial sustainability of local councils have resulted in an increasing reliance by municipal regulators on financial ratio performance benchmarking. However, these benchmarks are often assigned without explicit justification and despite a paucity of empirical evidence. Furthermore, regulators typically allocate a single performance benchmark across an entire local government system despite the fact that individual councils may face entirely different operating environments. Failure to take account of the environmental challenges facing councils can result in inappropriate or unattainable performance benchmarks that may give rise to unintended consequences, such as the well‐documented threshold effects. To address this problem, we develop an empirical method for allocating performance benchmarks with respect to the current level of performance and environmental constraints facing individual local authorities. We demonstrate this technique in a case study using data drawn from New South Wales local authority operating ratios.     

Less Haste,More Speed: The Fit for the Future Reform Program in New South Wales Local Government

In August 2011 the New South Wales (NSW) Government established the Independent Local Government Review Panel to examine the options for improving the sustainability of the NSW local government sector. In October 2014 the NSW Government set out its response in its Fit for the Future reform program. This paper provides a critical assessment of the Fit for the Future program. We show that it contains errors, relies on unreliable data, and neglects important factors, which may be ascribed to the haste with which it has been constructed. This could have serious consequences given the potential impact the Fit for the Future program will have on NSW local government. We thus conclude that it would be prudent to address these matters before proceeding further with the program.     

Good to share? The pecuniary implications of moving to shared service production for local government services

Shared services are often lauded as an efficacious means of reducing municipal expenditure and thereby improving waning financial sustainability. However, most of the extant theoretical and empirical work only considers costs and benefits at the level of the specific service in question and, hence, fails to capture many of the wider benefits and costs that might accrue to local governments. In this article we first build a schema to illustrate the benefits and costs of moving from separate to collaborative production at the level of individual local authorities. We then test two hypotheses drawn from the schema against a five‐year panel of expenditure data. We find evidence of increased expenditure in the order of 8 per cent that prima facie runs counter to the objectives of many municipal managers engaged with shared services. We conclude by considering the implications of our findings for cooperative ventures between local authorities.