Reconstructing Insurance Law: The Law Commissions' Consultation Paper

In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non-disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commissions' provisional proposals for the reform of insurance contract law with particular reference to the key areas of utmost good faith, warranties and agency. This article analyses, from a critical standpoint, the LCCP's principal conclusions and recommendations. It begins by noting, as a means of demonstrating that the current reform process should be informed by modern industry practices, that the ways in which modern insurance contracts are concluded differ significantly from those when insurance law was last reviewed by the Law Commission in 1980. The article then discusses the dichotomy between consumer and business insurance given that this distinction underpins the LCCP and its approach towards reforming the pre-contractual duty of good faith. By way of backdrop to the analysis, we consider the approach taken towards reforming the law governing intermediaries acting for prospective assureds during the disclosure process. Finally, the proposed rules for warranties and similar terms are examined. It is argued that the proposal to retain continuing warranties in business insurance contracts will, if implemented, represent a missed opportunity to rid insurance contracts of terms long criticised as draconian and disproportionate in their effect.     

The Renewal of Social Democracy? The Rann Labor Government (2002–11)

Labour governments around the world are struggling to renew labour and social democratic values in the modern era. The South Australian Labor government, led by Mike Rann (2002–11), presents a striking case of a labour government that pursued a renewal of social democracy. By offering a critical examination of the ideological contours of the Rann Government, this paper contributes to wider debates about the flux of social democracy. In Australia, debates about Labor's identity tend to focus on the federal rather than state level, which this article seeks, in part, to redress. The Rann government's economic and social inclusion policies are examined and compared with its South Australian historical forebears, and the Rann government is located within the various labour “traditions”.     

The Presumption of Innocence and its Role in the Criminal Process

Many international instruments proclaim that those who face criminal prosecution ought to be afforded a ‘presumption of innocence’, and the importance and central role of this presumption is recognized by legal systems throughout the world. There is, however, little agreement about its meaning and extent of application. This article considers the purposes of legal presumptions in general and explores various, sometimes contradictory, conceptions of this most famous one. It is equated by many scholars to the requirement that the prosecution prove guilt beyond a reasonable doubt. As such, it is merely a rule of evidence (albeit an important one), with no application pre- or post-trial. The article advocates adoption of a broader, normative approach, namely that the presumption reflects the relationship which ought to exist between citizen and State when a citizen is suspected of breaching the criminal law. As such, it should be promoted as a practical attitude to be adopted by the key protagonists in the justice system, for the duration of the criminal process.     

Building NESTs to combat environmental crime networks

This article begins by providing a brief overview of environmental crime in the Asia and Pacific, highlighting its complexity, varying dimensions and transnational nature. It acknowledges the difficulties in responding to organised criminal groups that operate with flexible modus operandi to commit such crimes. The paper then discusses the importance of the National Environmental Security Taskforce approach, a model developed by INTERPOL to tackle environmental crimes. Collaboration and cooperation, within and between government and non-government organisations, are conceptualised as having a possibly positive ‘panopticon effect’ that has implications for responding to both organised criminal networks and state corruption in this domain.     

Feminism and bureaucratic discourse∗

Abstract

The globalization of markets is calling national employment and social legislation increasingly into question, so that not only the international trade union organizations but also the Clinton Administration are calling for workers’ rights to be embodied in trade agreements. This paper deals with both the fundamental question of whether international labor standards serve a useful purpose and the more specific question of whether trade agreements are a suitable way of enforcing minimum standards. It will argue that international standards can plausibly be justified in terms of development theory. Core labor rights, furthermore, enjoy universal acceptance. A social clause can help in enforcing these rights. The procedures for negotiating social clauses and for implementing them as proposed by the international trade union movement do not lend themselves to protectionism.     

Executive Branch Socialization and Deference on the U.S. Supreme Court

Are Supreme Court justices with prior experience in the executive branch more likely to defer to the president in separation of powers cases? While previous research has suggested that such background may signal judicial policy preferences but does not shape them, I argue here that institutional socialization may indeed increase future judicial deference to the president. Using an original data set of executive power cases decided between 1942 and 2007, I model justice‐votes to test this hypothesis. I uncover three noteworthy findings: (1) a clear correlation between prior executive branch experience and support for the executive branch, (2) the degree of this support intensifies as executive branch tenure increases, a finding congruent with a socialization hypothesis, and (3) contrary to received wisdom, executive powers cases possess a clear ideological dimension, in line with the expectations of the attitudinal model.