This article examines some recent decisions of the Family Court of Australia as they relate to matters of private international law in family law matters. Although the notion of forum non conveniens is considered, a major focus remains on the approach of the jurisdiction to the Hague Convention on Civil Aspects of International Child Abduction. In the various issues which have appeared before it, the Family Court of Australia has demonstrated a degree of confusion which suggests that other jurisdictions should be cautious in their dealings with Australia in the areas which the article discusses.Professor of Law, University of Newcastle (NSW). 相似文献
Until recent years, the operationalization of the deterrence concept has been largely legal in nature. That is, deterrence was defined in terms of certainty and celerity of arrest and severity of sanction. Contemporary research has called this narrow viewpoint into question, pointing out that legal factors are only part of the range of social-control mechanisms. One of the more important of these reformulations was found to have an analytical flaw which could have easily affected the results (Meier and Johnson, 1977). The present study corrects the analysis problems of this previous study and upholds the findings that, for a sample of adult Texas residents, extralegal factors are of more import for determining marijuana use than traditional legal deterrence. Since both legal and extralegal factors are products of the social context, deterrence may be appropriately incorporated into contemporary social- control theories. 相似文献
As it evolved towards the New Protection program from 1906, Deakinite protectionism manifested as a historicised narrative of modernity: an attempt to impose a rationale of nation-building over the heterogeneous and unstable impact of new economic relations and technologies, and the tense dynamics of competition between nations. History was invoked by actors fashioning the nation-building task in post Federation Australia as they claimed to make decisive breaks with past practice, reflected in innovative government strategies and social reforms. The anxieties and opportunities stimulated by global industrial modernity defined New Protection policy, evident in the formation of political narrative and parliamentary legislation, and government intervention in the conduct of business enterprise and industrial relations. The objectives and contradictions of New Protection were clarified in the political narratives and policy interventions constructed to secure the future of the Sunshine Harvester enterprise and its workforce. 相似文献
Ernest Gellner, Conditions of Liberty: Civil Society and its Rivals, (Hamish Hamilton, London 1994). 225pp. ISBN 0–241–00220–6 (hb).
James Petras and Morris Morley, Empire or Republic? American Global Power and Domestic Decay, (Routledge, London 1995). 172pp. ISBN 0–415–91064–1.
Keith Cowling and Roger Sugden, Beyond Capitalism: Towards a New World Order, (Pinter, London 1994), 195pp. ISBN 1 85567 301 0.
John Lewis Gaddis, The United States and the End of the Cold War. Implications, Reconsiderations, Provocations, (OUP, Oxford 1994). x. + 301 pp. ISBN 0–19–508551–5.
Alan Haworth, Anti‐Libertarianism: Markets, Philosophy and Myth, (Routledge, London 1994). 154pp. ISBN 0–415–08254–4.
Honi Fern Haber, Beyond Postmodern Politics. Selves, Community and the Politics of Difference, (Routledge, London 1995). 160pp. ISBN 0–415–90822–1.
Stjepan G. Mestrovic The Balkanization of the West: The Confluence of Postmodernism and Postcommunism (Routledge, London 1994). 226pp. ISBN 0–415–08755–4 (pbk). 相似文献
Implications of nursing home specialization for health outcomes were examined. The formal hypothesis tested in this study was that facilities specializing in the treatment of certain kinds of residents, as reflected in a critical mass of such residents, are more likely to experience better health outcomes over time compared to facilities that do not specialize in the treatment of such residents. Activities of Daily Living (ADLs), survival, and several diagnosis‐specific outcomes were analyzed for residents. Multivariate state‐dependence and logistic regression models were estimated for residents of six diagnostic sub‐groups. Specialization was empirically defined in terms of concentration of residents with certain diagnoses within nursing facilities. Empirical results indicate that specialization has some positive effects on some outcomes. For instance, facilities specializing in the care of Alzheimer's disease patients appear to produce comparatively better outcomes with respect to restraint use and accidents. Residents with diagnoses of hypertension or ischemic heart disease in specialized facilities also fare better in terms of survival. Residents with a diagnosis of cerebrovascular disease in specialized facilities were found to experience worse outcomes with respect to most of the outcomes modeled in this study, however. Overall, specialization only appears to make a difference in the outcomes of residents with certain medical conditions for some health outcomes. Regression results also indicate that basic measures of frailty such as functional deficiencies, incontinence, and behavioral problems largely contribute to detrimental effects irrespective of the diagnostic group or the outcome considered. 相似文献