Confronting Racial Discrimination: A CERD Perspective

From the perspective of a member of the Committee on the Eliminationof Racial Discrimination this article provides an overview ofthe implementation of the International Convention on the Eliminationof All Forms of Racial Discrimination. The article reviews thework of the Committee in endeavouring to fulfil a difficultmandate by ensuring that the Convention remains relevant, andalso demonstrates how, through mechanisms such as its concludingobservations and general recommendations, the Committee continuallyendeavours to address the contemporary meaning of racial discriminationas used in the Convention.     

Parents' and Children's Views on Talking to Judges in Parenting Disputes in Australia

Judicial interviews with children in contested parenting proceedingsare an uncommon and contentious practice in Australia and manyother common law jurisdictions. While there has been some debateabout the merits and risks of such a practice among professionalsand academic commentators, there is little research on the viewsof children and parents. In this study, children and parentsinvolved in contested and non-contested family law matters inAustralia were asked to comment on this practice. A subsequentarticle will explore the views of Australian judges on talkingwith children in chambers, and their experience of doing so.Children and parents had mixed views but most children saidthat it should be an option even if they did not want it forthemselves. Children who had been the subject of contested proceedingswere generally keen to talk to the judge even though most hadbeen interviewed by an independent expert and had a child legalrepresentative. Resident parents were, however, much more likelythan non-resident parents to be in favour of children beingable to talk with the judge, either alone or together with acounsellor or ‘interpreter’. Both parents and childrenwho were in favour of children talking directly to judges gavevery similar reasons. They were related to children's rightto be heard and acknowledged, the value of direct communicationand the likely beneficial effect on the decision.     

Reengineering the Child Support Scheme: An Australian Perspective on the British Government's Proposals

After years of problems with the Child Support Scheme in Britain, the Government has decided to attempt reform again, less than four years after a previous major change was implemented in 2003. The author evaluates these reform proposals, drawing upon his experience in leading a recent major review of child support policy in Australia. While many of the reform measures offer a sensible way forward for child support policy, Britain risks going backwards in terms of community acceptance of the child support obligation. The Government needs to consider the likely impact of its policy settings on private agreements about child support. Ways are proposed both to protect the Treasury and to promote the wellbeing of children by adopting different policy settings that ensure the resident parent has an incentive to bargain for the level of child support required by the new formula. The new formula itself is evaluated in the light of the international research on the costs of children. Ways are also suggested for developing a co-ordinated approach across government to the provision of support services for parents who do not live together.     

The Writer's Refusal and Law's Malady

In this piece I want to (re)pose the relation of writing to law and politics, by interrogating the sense of a writing which is simultaneously an unwriting or undoing of legal and political discourse through Maurice Blanchot's involvement in the movement against the French colonial war in Algeria and, in particular, his framing of the Declaration of the Right to Insubordination in the Algerian War in 1960. The piece analyses how the sense of the event of the Declaration continues to call us to acknowledge a 'disastrous responsibility' to a non-community beyond the time of law and politics.     

Barriers to prosperity: the harmful impact of entry regulations on income inequality

Public Choice - Entry regulations, including fees, permits and licenses, can make it prohibitively difficult for low-income individuals to establish footholds in many industries, even at the...