Federalism: Distance and Devolution

Is the current federal system in Australia still relevant? Have the historical forces which made federation a necessary step in Australia's journey toward nationhood largely disappeared? Australian federalism has united six disparate states into one nation and established national infrastructure to enhance our position domestically and internationally. The geographic tyranny of distance that divided the colonies has been overcome through improved transport, telecommunications and information technology. This article explores the historical basis of Australian federalism and asks whether federalism remains relevant for meeting the challenges facing Australia in the twenty‐first century.     

Celebrating the 25th Anniversary of the Refugee Studies Centre and the 20th Anniversary of the Journal of Refugee Studies.

As the founding editor of the Journal of Refugee Studies from1988 to 2001, and the not-so-new Director of the Refugee StudiesCentre, I am delighted to write the introduction to this specialissue of JRS. First and foremost, this     

Subverting Orthodoxy, Making Law Central: A View of Sociolegal Studies

The promise of sociolegal research varies for different constituencies. For some legal scholars it has been a promise of sustained commitment to moral and political critique of law and to theoretical and empirical analysis of law's social consequences and origins. To continue to deliver on that promise today, sociolegal studies should develop theory in new forms emphasizing the variety of forms of regulation and the moral foundations on which that regulation ultimately depends. It should demonstrate and explore law's roles in the routine structuring of all aspects of social life and its changing character as it faces the challenge of regulating relations of community not bounded solely by the jurisdictional reach of nation states.     

Risk Aversion,Heterogeneity and Contests

We introduce a novel method of modellingcontests that avoids the complexitiesencountered by the `best response function'approach. We analyse contests in which (i)there are many risk averse players, (ii)attitudes to risk may differ acrossindividuals, and (iii) the technology thattransforms rent-seeking effort intoprobability of winning may also differacross individuals. We establish that, ifevery player has a constant degree ofabsolute risk aversion, a uniqueequilibrium exists. We also establishcomparative static results and examine howthe level of rent dissipation is affectedby the heterogeneity of attitudes towardsrisk and the precise nature of the technology.     

Once Upon a Time in Volcán, Costa Rica: Integrating Values into Watershed Management and Poverty Alleviation

The purposes of this article are twofold. One is to make recommendations on a possible course of action for a small town in Costa Rica. The other is to examine the relationship between policy and values, in search of a method of integrating values into policy decisions that can be more broadly applied. The method uses narratives to define common values and science and economics to apply these values most efficiently. The process of defining values through narratives uses a relation‐based organizing framework through which trust can be built and empowerment attained.     

Health and Safety at Home: Private and Public Responsibility for Unsatisfactory Housing Conditions

This paper reviews two legislative approaches intended to control housing conditions in the rented sector - the landlords' contractual obligations, and the powers of local authorities. The authors argue that the landlords' covenants are almost totally ineffective, and that it now rests on local authorities to protect the health and safety of tenants. Breaches of the implied covenants that houses should be fit and in repair will provide tenants with a legal action against their landlords. However, the tenant's standing is now so weak that these covenants fail to provide protection. The Housing Act 2004 introduced a regulatory framework based upon assessing the risks to the health and safety - the Housing Health and Safety Rating System (HHSRS) - giving local authorities tools to ensure that housing is as safe and health as possible.
The history of the regulation of housing conditions also reveals important insights into the nature of private and public regulation.