What is a Crime?

This article presents a philosophical account of the natureof crime. It argues that the criminal law contains both fault-basedcrimes and strict liability offences, and that these two representdifferent paradigms of liability. It goes on to argue that thegist of fault-based crimes lies in their being public wrongs,not (as is often thought) because they wrong the public, butbecause the public is responsible for punishing them, i.e. becausethey merit state punishment. What makes wrongs deserving ofpunishment is that they are seriously blameworthy, inasmuchas they evince a disrespect for the values violated. But theyonly merit state punishment when they violate important values,not simply due to the well-known pragmatic considerations againstthe use of the criminal law, but to the intrinsic expressiveforce of criminal conviction. Finally, the analysis of fault-basedcrimes points to a role for strict liability in regulating actionsthat are not seriously blameworthy but do increase the riskof values being damaged.     

Securing the Homelands: Transatlantic Co-operation after Bush

Since 9/11, internal security co-operation has grown into a major feature of transatlantic relations. This article seeks to appraise both the achievements of the Bush administration in this field and the prospects for President Obama's period of office. Homeland security has been a new and difficult area of co-operation to foster, yet both sides of the Atlantic have come to recognise their shared interests in working together. The article cautions those European policy-makers who are hoping for a major change in homeland security co-operation under the new president. It is likely that the policies of the new administration will be characterised more by continuity than by change.     

Slow Change at the Top: ‘Old Hands’ and ‘Accidental Executives’ in New South Wales Local Government

Scholars and practitioners alike have recognised that an increased role for women leaders in Australian local government would strengthen the sector, yet little research to date has examined the career paths of non‐elected officials. This article combines the gender in organisations literature with career theory to examine the career paths of 16 general managers (GMs) in New South Wales. We found that half the participants had linear career paths based entirely within local government and half had boundaryless careers originating outside the sector. This second cohort consisted overwhelmingly of women. Nevertheless, a high incidence of happenstance characterised both career types. Several participants saw themselves pitted against a gendered (i.e. male) group of ‘old hands’ who were resistant to change being driven by ‘accidental executives’, a high proportion of whom were women. The findings have implications for a sector attempting to attract and retain skilled staff, particularly women.     

Border Problems: Mapping the Third Border

The Internet has become the site of economically relevant objects, events and actions, as well as the source of potential risks to the financial systems. This article builds on a metaphor of ‘border problems’ in financial regulation, exploring a ‘third border’ between the ‘real world’ and ‘cyberspace’—a virtual domain of human interaction facilitated and conditioned by digital communications systems. Reviewing the ‘cyber-sovereignty’ debate and surveying the divergent approaches now emerging along geo-political faultlines, we argue that sovereign states still have a unique and irreplaceable role in guarding financial stability which must be reflected in the law of Internet jurisdiction: an emerging lex cryptographica financiera. We conclude with a few observations on how this could affect the design of financial regulation in the coming decade.     

The Positive Psychology of Youth and Adolescence

Journal of Youth and Adolescence -     

The effect of bicycle helmet legislation on bicycling fatalities

A number of states passed legislation in the 1990s requiring youths to wear helmets when riding bicycles. The effect of this legislation on bicycling fatalities is examined by subjecting data from the Fatality Analysis Reporting System to a panel analysis, using a control‐group methodology. A helmet law reduces fatalities by about 15 percent in the long run, less in the short run. There is no evidence of spillover effects (to adults) or substitution effects (youths choosing other methods of transportation) associated with implementation of a helmet law. Through 2000, existing helmet laws have saved 130 lives. If all states had adopted helmet laws in 1975, more than 1500 lives would have been saved. © 2004 by the Association for Public Policy Analysis and Management.     

NATIONAL AND STATE COORDINATION OF AUSTRALIAN COLLEGES OF ADVANCED EDUCATION

Abstract: Until recently little work has been done on the government of post-secondary education in Australia. The development of the present arrangements for the coordination of post-secondary education is thus described and analysed, as are the structure and functions of the two national agencies and the various State bodies which have responsibility for coordination of colleges of advanced education. This analysis shows the growing size, complexity and costs of this sector of education, and the increasing involvement of the Commonwealth government in an area of traditional State responsibility. Yet there is still no single agency to coordinate the various activities of the Commonwealth government in higher education and only two States have such agencies. For the colleges of advanced education there are two national coordinating bodies, and at State level the arrangements vary markedly. There is also great variety in the relationships between individual colleges (which themselves differ greatly) and their State agencies, but overall there appears to be tension and dissatisfaction. In three ways could these relationships be improved: creating a greater degree of mutual recognition of rights and responsibilities; a revision of areas over which control is exercised; and a revision of the actual mechanics of coordination. Further, the assumption by the Commonwealth government of full financial responsibility for all tertiary education in January 1974 has added new sources of tension in the relationships between Federal and State governments and their agencies. The present pattern, however, is not static, but in a process of change.