Vicarious liability and criminal prosecutions for regulatory offences

The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.     

THE ASSETS TEST: A CASE STUDY IN THE POLITICS OF EXPENDITURE CONTROL*

Abstract: The assets test episode provides a case study in the difficulties modern governments face when confronted by numerous and powerful interest groups. The assets test decision was made somewhat hastily and without extensive consultation, resulting in a major outcry from interest groups. The government reacted by setting in train a process of “consultation” and subsequently announced a series of concessions. Opposition continued and further modifications were made to the scheme, reducing considerably its impact and the proposed savings. Several lessons can be drawn. Governments must attempt to consult affected interests seriously in the process of formulating proposals and, if necessary, mobilise countervailing interests against a dominant coalition. Joint discussions can help to moderate sharp differences. The private, bureaucratic worlds of policy making, particularly in the budget cycle, must be opened up. Fundamental changes to the “culture” of policy making may be necessary, in particular greater efforts to encourage bipartisanship and to use Parliament constructively, if expenditure control and program reconstruction are to be achieved.     

小城镇服务业人才培养问题研究

劳动力市场人才资源的配置问题是小城镇服务业发展中急需解决的重要问题之一。本文从用人单位满意度分析的基础上,采用模糊综合评价法对当前小城镇服务业劳动力需求与人才培养对接问题现状进行了评价,发现劳动力市场人才资源的配置与人才培养供给之间出现了严重的失衡。人才培养只有遵循劳动力市场需求,动态地调整培训方案与体系,才能够健康持续地发展。     

Conceptualising and measuring ‘centrism’ correctly on the Left–Right scale (RILE) - without systematic bias. A general response by MARPOR

The purpose of this response is to point out that claims of undue centrism in the MARPOR data are directly contradicted by its use to correct centrism in other leading policy measures including expert surveys.     

Analyzing Concepts of Human Rights with an Asian Accent

Let’s suppose we were in the early Twentieth Century,trying to answer the question:What will be the most important things that will happen in this century?You may think about the"rise of the United States,"or the long-lived British Empire.     

A Critical Analysis of Global Governance vs.Protection and Development of Human Rights

Human rights merit global attention in the current era of globalization.The realization and protection of human rights is an important part of the process of global governance.Meanwhile,global governance     

Post‐Secularism and the European Court of Human Rights: Or How God Never Really Went Away

This article analyses the critical yet elusive notions of state neutrality, secularism and religious coercion under the European Convention in light of the European Court of Human Rights recent decision in Lautsi v Italy. We contend that the real concern in the Italian crucifix case was not the infringement of the school pupils’ religious freedom nor the proselytising or coercive effect of the ‘passive’ religious symbols. Rather, opponents of the longstanding symbols were animated by desire for strict religious equality, a notion that is, correctly in our view, not guaranteed under the Convention. Lautsi has significantly cleared the conceptual undergrowth surrounding state neutrality and the varieties of secularism, reined in the elastic notion of religious coercion and eschewed attempts to squeeze the constitutional diversity of European religion‐state frameworks into a strict American‐style separationist mould. The Convention jurisprudence on freedom of religion has finally come of age.     

Umbilical cord blood banking and the next generation of human tissue regulation: an agenda for research

The transformation of umbilical cord blood from being a waste product to being a valuable source of stem cells has led to the emergence of significant legal, ethical and social issues. This editorial proposes an agenda for research into the regulation of umbilical cord blood banking which focuses on issues of characterisation, consent, the interplay of public and private services, and the importance of applying property concepts. It concludes by stressing the need for reform to be based on well-informed public debate.