The Canadian charter and the protection of international human rights

B.A., University of Alberta 1960; LL.B., University of Alberta 1961; LL.M., University of California at Berkeley 1963.     

ACCESS TO SERVICES: ETHNICITY IN AUSTRALIAN GOVERNMENT ADMINISTRATION

Abstract: This paper starts from an argument, developed by Jean Martin in 1978, which links recent ethnic differentiation of the activities and structures of our major institutions with an underlying social redefinition of migrants. It then extends Martin's analysis in the particular context of the service activities of one of the major line departments of Australian government — the Department of Social Security. It is argued that the accommodation of ethnic considerations within the daily activities of administration has occurred largely through the concept of "access to services". Using this concept, administrators have been able acceptably to define the problem of ethnic disadvantage and to develop programs which approach its solution. The formula has been applied to Aboriginal as well as migrant disadvantage and reasons for the similarity of approach are considered briefly. A range of recent initiatives which make reference to the migrant and Aboriginal clienteles of government are considered — in particular, DSS services, namely language services, migrant and Aboriginal public contact staffing, information services and advocacy/agency programs. All of these are seen within administration, as approaches to the "access" problem. The final section comments on the general characteristics of this "access" formula and on its success in both accommodating ethnic claims of disadvantage and reinforcing administrative commitments to universalism.     

The dynamic political economy of support for Barack Obama during the 2008 presidential election campaign

In recent years, students of voting behavior have become increasingly interested in valence politics models of electoral choice. These models share the core assumption that key issues in electoral politicds typically are ones upon which there is a widespread public consensus on the goals of public policy. The present paper uses latent curve modeling procedures and data from a six-wave national panel survey of the American electorate to investigate the dynamic effects of voters’ concerns with the worsening economy—a valence issue par excellence—in the skein of causal forces at work in the 2008 presidential election campaign. As the campaign developed, the economy became the dominant issue. Although the massively negative public reaction to increasingly perilous economic conditions was not the only factor at work in 2008, dynamic multivariate analyses show that mounting worries about the economy played an important role in fueling Barack Obama’s successful run for the presidency.     

Estimating actual foot size from a static bare foot print in a White British Population

In forensic intelligence-gathering it would be useful to be able to estimate the size of a perpetrator's foot from a standing bare footprint found at the scene of crime. Currently, the advice is to add a fixed amount to the length of the footprint (typically 1.5 or 2.0 cm), but there is little evidence for this approach. This study used measured footprint and actual foot lengths from 146 participants from the white British student population of a University in the UK. Data were analysed using multiple regression with foot length as the dependent (outcome) variable and footprint length and sex as the independent variable/factor respectively. Sex was not a significant predictor. The regression equation for the best estimate of the foot length is 19.89 + 0.95 × print length ± 8 mm.     

Aggregate level forecasting of the 2010 general election in Britain: The Seats-Votes model

The Seats-Votes model forecasts party seat shares in the House of Commons using data from general elections and opinion polls between 1945 and 2009. The model is built on a generalisation of the cube rule which provided a fairly accurate method of translating votes into seats when Britain was effectively a two party system prior to the 1970s. It combines past information on seat shares in the current Parliament with voting intention data six months prior to the general election to forecast seat shares. Applied to the task of forecasting the outcome of a general election in early May of 2010, it predicts a hung Parliament, with the Conservatives as the largest party. The relatively small sample used to estimate the model means that predictions about the size of the parties in Parliament are quite tentative, though predictions about the likelihood of a hung Parliament are more certain.     

Prevention of money laundering and the role of asset recovery

The purpose of this paper is to examine the increasing emphasis of the UK anti-money laundering (AML) legislative framework, on the financial arrangements of criminals. Our qualitative study engaged key stakeholders from the AML environment through a series of focus groups. This included law enforcement; accountants; prosecutors; bankers and, importantly, ex-offenders. We argue that the inclusion of the views of a traditionally hard to reach group of ex-offenders, adds significantly to knowledge and understanding about effectiveness of AML. The research findings suggest that, at first glance, the focus on asset recovery has been successful. However, our respondents shared with us areas of tension and inconsistencies in application of the law, in particular between police and the courts. For example, whether it was better to prosecute the predicate offence  separately or in addition to the offence of money laundering; or whether to pursue criminal or civil recovery. We further find that criminals have been able to use their knowledge to circumvent the system, suggesting that greater effort is needed to promote cooperation, rather than competition, in successfully detecting and prosecuting offenders.     

Re-Defining Defamation: Psychological Sense of Community in the Age of the Internet

In the era of traditional media, courts typically relied upon geographic constraints, including where a plaintiff lived or worked, to determine the appropriate community in defamation cases. The rise of the Internet has dramatically changed society – easily and immediately linking users across geography while allowing the rapid spread of information through a variety of channels that pose a challenge to the traditional media model centered around editorial judgment and professional ethics. Thanks in part to its global reach, the Internet has allowed users to engage in both business and social relationships around the world. Because of this, a person's need for a good reputation can no longer be confined solely to location. As a result, this article argues that courts must begin to evaluate other factors when determining relevant community in online defamation cases, positing that courts should utilize factors associated with psychological sense of community theory.     

Defining A Product Market for Spanish-Language Broadcast Media: Lessons from United States v. Univision Communications,Inc. and Hispanic Broadcasting

In 2003, a media merger with dramatic content and policy implications went largely unnoticed. Little attention was paid to the transaction because it did not affect the majority; it affected the largest minority population in the United States: Hispanics. Although up to 65% of Hispanics prefer Spanish-language media, most broadcast media now come from one corporation, Univision. In approving the consolidation of Univision and Hispanic Broadcasting, the FCC ignored product market findings by the Department of Justice as well as its own policy precedent, which includes numerous exceptions for Spanish programming to promote content and ownership diversity. Consistent with the FCC's mandate to protect the public interest, a demand-side analysis is undertaken, positioning the audience as consumer. Industry evidence, product market thresholds, and ownership rules are applied to United States v. Univision, Inc. and Hispanic Broadcasting, with the conclusion that a separate product market must exist for Spanish language broadcast media.