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The Shadows of the Law: Contemporary Approaches to Regulation and the Problem of Regulatory Conflict
Regulatory analyses often assume that compliance is desirable, with literature focusing on strategies to encourage "excellence" in adherence to regulatory goals. Yet, it is not unusual for disparate regulatory goals to exist that are based on competing values of what constitutes the "good society." It is this conflict that forms the substance of this paper. In cases of competing regulatory goals, techniques that encourage exemplary compliance in one area can create incentives to breach regulatory provisions of a competing regime. In such cases, generic regulatory techniques are unable to provide a useful means for resolving regulatory conflict but do allow a political delegation of conflict resolution to the "scientific" strategies of the regulator. In turn, the regulator places responsibility on companies for resolving competing regulatory demands. Successive delegation leads to juridification as well as regulators vying to retain primacy for their regime. This problem is examined through analysis of responsibilities for subcontractor safety under Australian health and safety law and sections of the Australian Trade Practices Act 1974 aimed at protecting competition. 相似文献
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Fiona Ross 《管理》1997,10(2):175-200
This article examines three conditions for cutting public expenditures across a sample of 16 advanced industrial democracies: intent, ability, and need during the 1970s and 1980s. Unlike spending increases, cuts require purposeful action. A first condition, therefore, for cutting expenditures is that leaders intend to curb spending. Surprisingly, the results indicate that leftist parties are considerably more effective at cutting expenditures than parties of the right. Indeed, leaders appear to have most latitude when a feared course of action is considered least likely. A second condition is that of ability. Institutions constrain and facilitate leadership. The degree to which decision-making must be shared within the executive both helps and hinders budget-cutting across exogenous conditions. While oversized coalitions may impede losses, they may also facilitate them by sharing responsibility for unpopular measures and thus reducing electoral repercussions. Indeed, both party and institutional results point to the centrality of avoiding blame in the loss‐inducing process. A third condition for cutting public expenditures involves need. While objective economic indicators are not irrelevant, the issue of need is largely politically defined. 相似文献
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Separated children are in a uniquely vulnerable situation. Notonly are they in fear of persecution but they have been separatedfrom their families. They are seeking multifaceted protections.Such children need a country to protect them from further persecution,a caregiver to nurture them and fulfil the family role and asociety that will foster their social and intellectual growth.This article analyses the treatment of separated child refugeesin the context of international human rights law as it relatesto children and from the viewpoint of domestic immigration law.The article bases this analysis on a comparison of the treatmentof separated child refugees in Australia and Canada. The fundamentalprinciple of the International Convention on the Rights of theChild is that member states should act in the child's best interests.This principle has two important aspects, firstly, that detentionof children should only be used as a last resort and, secondly,that child refugees should enjoy the right to seek asylum. Thearticle examines the domestic law of both Australia and Canadawith a view to determining how these two aspects are appliedto unaccompanied children. 相似文献
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This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo. 相似文献
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Fiona R. Burns 《The Journal of legal history》2013,34(2):187-214
Lord Cottenham was a significant legal figure in nineteenth-century Britain. He was a Lord Chancellor and Keeper of the Great Seal in both Lord Melbourne's and Lord Russell's administrations. Yet compared with his peers he has faded into obscurity, because his contribution to the reform of the Court of Chancery and the development of the law, particularly equity, has not been fully appreciated. It will be argued that Lord Cottenham was not as successful as his successors in reforming Chancery because his attempts to do so were flawed by the view that incremental reform would redress the problems which beset the Court. However, he made some highly significant contributions to equitable doctrine, sometimes taking a practical approach to judicial decision-making and laying the foundation for some modern doctrines. 相似文献
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Nik De Brabanter Wim Van Gansbeke Fiona Hooghe Peter Van Eenoo 《Forensic science international》2013,224(1-3):90-95
A rapid and sensitive determination of cannabinoids in urine is important in many fields, from workplace drug testing over toxicology to the fight against doping. The detection of cannabis abuse is normally based on the quantification of the most important metabolite 11-nor-Δ9-tetrahydrocannabinol-9-carboxylic acid (THCA) in urine. In most fields THCA needs to be present at a concentration of exceeding 15 ng/mL before a positive result can be reported.The method described in this paper, combines a 4 min GC–MS/MS method with a fast sample preparation procedure using microwave assisted derivatisation in order to complete the quantification of THCA in urine in 30 min, using only 1 mL of urine.The method is selective, linear over the range 5–100 ng/mL and shows excellent precision and trueness and hence, the estimated measurement uncertainty at the threshold level is small. The method also complies with applicable criteria for mass spectrometry and chromatography. Therefore the method can be used for rapid screening and confirmatory purposes. 相似文献