Change in the Australian Electricity Industry: A Case Analysis

In this article a contextualist framework is used for theoretical analysis, in which context, content and process are linked over time. Within this framework we begin with the contextual factors which appear to be significant in restructuring the electricity industry, then outline the pathway taken by reform in the United States of America, United Kingdom and Australia, before describing the principal changes to one organisation and the management issues which have arisen as a result of these changes.     

The regular article tracking developments at the national level in key European countries in the area of IT and communications – Co-ordinated by Herbert Smith LLP and contributed to by firms across Europe

This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Canada's GBA+ framework in a (post)pandemic world: Issues,tensions and paths forward

This article traces the theoretical foundations, evolution, and limitations of Gender-Based Analysis Plus (GBA+), which is the Government of Canada's primary framework for attending to diversity and inclusion in public policy. We argue that GBA+ is, in its current form, inadequate to guide ambitious and transformative policy in the post-pandemic years given four interlocking issues: (1) a weak integration of intersectionality; (2) insufficient attention to the power structures and socio-political context undergirding social relations and policymaking; (3) an instrumental understanding of policy; and (4) a misreading of identity. Drawing on feminist, intersectional and post-structuralist methods, we adjust the GBA+ framework with the aim of addressing the conceptual shortcomings identified in our analysis. Ultimately, we demonstrate how a more explicit engagement with notions of intersectionality, power and policy's instrumental and productive aspects can enrich the ways we think about public policy as both a mechanism and a venue for transformative change.     

Aligning National Bank Priorities with the Public Interest: National Benefit Banks and a New Stakeholder Approach

Banks have particular characteristics that set them apart from other business entities, including being more highly leveraged, benefiting from government safety nets, and generating massive negative externalities when they fail. These attributes mean that in addition to shareholder interests, bank directors should be allowed to carefully consider the interests of nonshareholders, such as creditors, taxpayers, and the overall economy, when making decisions. While directors of banks in states that have enacted constituency statutes may be allowed to consider nonshareholder interests, no federal act expressly allows directors of federally chartered banks to consider such interests. Moreover, to date, thirty‐seven states have enacted legislation to allow for the formation of public benefit corporations that require directors to consider the interests of nonshareholders. No federal law provides a clear path for federally chartered banks to do this. This article proposes dual federal legislation that would (1) enable directors of all federally chartered banks to expressly consider nonshareholder constituents when making decisions and (2) allow for the formation of national benefit banks that would require directors to consider nonshareholder interests in their decision‐making.     

Silent citizens: reflections on community,habit, and the silent majority in political life

This article identifies two different senses in which the concept of ‘community’ can be seen to underpin the norm of vocal participation in democratic politics. The first is a broadly liberal view of community – traceable to Alexis de Tocqueville – that promotes active, vocal, and autonomous citizens and acts as a buffer between the state and the individual. A second broadly conservative view of community in the writings, for example, of Edmund Burke and T.S. Eliot treats community as organic, passive, and largely silent. It valorizes habit and habitual relationships as supporting political life through obedience to the law and respect for authority. While these two traditions stand apart, what is striking about both views of community is the one point about which both agree: citizens' sense of community is in decline within liberal democracies today. Thus silence and silent majorities are problematic to both traditions, albeit for different reasons.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.