Clinical ethics committees, due process and the right to a fair hearing

The development of clinical ethics committees in the United Kingdom raises a number of important questions about the extent to which they are compatible with the normative values of due process. If committees are to be active in delivering ethics services, it is argued that attention to due process is important. Based on research outcomes, it seems that the chairs of the United Kingdom clinical ethics committees who responded are reasonably satisfied about the ability of their committees to make ethical decisions and slightly less confident about their ability to make legal decisions. If these committees are to make potentially far-reaching decisions (whether or not involving live consultations), it is argued here that they must pay attention to the rules associated with the legal concept of due process. Equally, evaluation of the clinical ethics committee's counterpart in the United States suggests that they may become increasingly authoritative, especially as their role becomes entrenched. This makes attention to due process even more important. However, it is also proposed that, when committees become concerned about due process, their ability to "do ethics" is constrained.     

The Protest Years: The Official History of ASIO 1963–1975

The Protest Years: The Official History of ASIO 1963–1975. By John Blaxland (Sydney: Allen and Unwin, 2015), pp.xxv + 565. AU$49.99 (cloth).     

Australian Federal Court cooks up a storm over design rights

An equitable owner of copyright in design drawings is entitlednot only to an assignment of the legal interest in the copyrightbut also to relief to prevent a manufacturer representing thatit was authorized to make goods in accordance with those drawings.     

Police participation in structured plea negotiations

This article examines the participation of police officers in structured felony plea negotiations. The data were collected during the testing of pretrial settlement conferences conducted in Dade County, Florida. The police officers were relatively active in the plea discussions, and their presence affected both the structure of the discussion and the relative influence of the various parties. The data also indicate that police participation and influence were affected by the presence of either the victim or the defendant.While the presence of the police did not affect the processing (settlement/trial rate) or the disposition (sentence severity, use of incarceration or restitution), the officers who attended the conference were more satisfied with both the court process and the disposition. This finding is significant in the light of the demoralizing effects of traditional plea negotiations on police attitudes and the spill over of these negative attitudes into the criminal justice system.     

Fiscal Federalism in Australia

Australia displays high vertical fiscal imbalance (VFI) for historical and constitutional reasons. It also attempts to achieve the highest degree of horizontal fiscal equalization (HFE) to be found in any democratic federation. The Commonwealth Grants Commission (CGC), a non-partisan body at arm's length from politicians, oversees the regime. A recent report claims that equity, efficiency and transparency would all improve if the regime were abolished. Such a change is politically unachievable, but it raises interesting issues in public finance and public administration, which carry over to other federations and union states.
An economically efficient system would: minimize perverse incentives, especially incentives to seek rent; encourage states to grow; discourage suboptimal location decisions; minimize transaction costs. An equitable system would maximize equity between relevantly similar individuals. Aspects of the Australian system that should be copied include the non-partisan agency and the target of HFE between component parts of the country. Aspects that should be discussed and perhaps copied include the very extensive equalization, including the feature of equalizing away the effects of grants for special purposes. Aspects that should probably not be copied include the cumbersome formulae and some of the perverse methods of calculating for 'needs'. All abbreviations and acronyms are spelt out in the Appendix on page 37.