The Implications of the Lyons Report into Local Government in England for Structural Reform in Australian Local Government

The Lyons Inquiry into English local government presented its Final Report in 2007. It has significant implications for local government jurisdictions beyond England. This article considers the import of the Lyons Inquiry for reform to Australian local government. It is argued that the Lyons Inquiry adds weight to other work that questions the traditional reliance on amalgamation as the chief instrument of Australian local government reform. In particular, the “place-shaping” thesis developed in the Lyons Inquiry shows that the Australian emphasis on structural reform has been misdirected. Further, the Lyons Report offers a range of policy options besides municipal amalgamation.     

“(O)n the side of justice and peace”: 1 Canada on the League of Nations Council 1927–1930

Although very much an international novice, Canada secured election to the League Council in September 1927. It did not, on the whole, have a notable impact on its proceedings. Its people, too, were little moved by its presence at Geneva. And while its Prime minister enjoyed his one visit to the League, his scepticism about it remained undimmed. Nonetheless, its three-year Council term had a number of important consequences. It engineered what was on the face of it a significant amendment to League procedures regarding minorities. The experience and horizons of its Department of External affairs were widened. It became accepted that a Dominion—or India—should always sit on the Council. Its status—and that of the other Dominions—as states equal with Britain was underlined. And by demonstrating that it was not in Britain's pocket, Canada's political standing was greatly enhanced. Internationally, it had arrived.     

Two sides of a coin? New urbanism and gated communities

Abstract

Contemporary residential building trends reflect concerns about privacy, traffic, and managing difference. Despite the radically different premises behind New Urbanism and gated communities, I find on closer inspection that they both respond to similar perceived crises in our cities. New Urbanism answers urban challenges with bold efforts to recapture the strengths of older communities and to supplant unwanted suburban patterns with those believed to have greater resilience and public purpose. Gated communities reveal popular skepticism about the potential for improving urban conditions and a consequent desire to retreat to protected compounds.

In both cases, the new suburbs generally provide housing primarily for the most affluent among us and represent the ascendance of private over public interests. By examining the Canadian urban context, this article explores some ways in which New Urbanism and gated communities differ, while also highlighting the characteristics and dilemmas they share.     

Understanding the factors that affect the severity of juvenile stranger sex offenses: the effect of victim characteristics and number of suspects

Understanding factors that affect the severity of a juvenile-stranger sexual assault has implications for crime prevention, and potentially, the assessment and treatment of juvenile sex offenders. This study investigated how victim characteristics and the number of suspects affected the use of physical violence and weapons and the occurrence of penetration in 495 allegations of sexual assault committed by juveniles against strangers. Statistically significant interactions between victim age and gender were found for occurrence of penetration and use of violence. Differences in offense characteristics were also found between offenses with varying victim-suspect age differences. When comparing the rate of penetration in the presence and absence of violence, little change was observed for lone suspects. However, the rate of penetration increased significantly for groups in the presence of physical violence, suggesting that violence in this context may be more expressive than instrumental. Theoretical explanations and practical implications are considered.     

THE ATTEMPTED MERGER BETWEEN GENERAL ELECTRIC AND HONEYWELL: A CASE STUDY OF TRANSATLANTIC CONFLICT

The thwarted merger of General Electric and Honeywell standsout, so far, as the only merger between US companies to be derailedsolely by the European anti-trust authorities, while being clearedby the US Department of Justice (DoJ) and 11 other jurisdictions.In this paper, the authors examine the European Commission'sdecision, and the theories underlying it and compare the Commission'sapproach with that followed by the DoJ. They observe that theCommission and the DoJ had a different assessment of broadlysimilar facts, and attempt to understand the source of the divergence.The authors find that (1) the horizontal effects identifiedby the European Commission rely on a particular perspectiveof market definition, which is debatable (and leaves some questionsunanswered); (2) the anticompetitive effects in the bundlingand Archimedean leveraging theories are not sufficiently robustthat they could be presumed (Accordingly, their likelihood shouldbe supported by strong evidence, but the evidence presentedby the Commission was far from compelling); (3) the deal mayhave involved significant efficiencies that were overlooked.These observations raise the suspicion that the Commission'sdecision may have been affected by bureaucratic capture, suchthat civil servants did not follow the mandate that had beenassigned to them. We find that the procedure enforced at thetime was vulnerable to capture and that the Commission had anincorrect perception of the standard of review that the Courtwould apply to its decision in the context of an appeal. Theaccountability to which the Commission felt subject was thusbiased downwards and enlarged the scope for capture. In addition,some (admittedly casual) evidence regarding the actual unfoldingof the procedure, as well as subsequent reforms of process andprocedure undertaken by the Commission, would support the viewthat significant problems arose in this area.     

What has worked and what has not with Minnesota sex offenders: a review of the evidence

Abstract

Since the early 1990s, many states in the USA have attempted to control sexual offending and, more narrowly, sexual recidivism by implementing longer prison sentences for sex crimes, sex offender registration and notification, residency restrictions, involuntary civil commitment and lifetime probation and parole. The early 1990s also marked the beginning of a decline in official rates of sexual offending, including sexual recidivism. This study reviews recent research conducted on Minnesota sex offenders in an effort to identify which policies, programmes and practices might have contributed to the drop in sexual recidivism rates that have been observed over the last few decades. By assessing what has, and has not, worked with Minnesota sex offenders, this study discusses how lessons learned from the Minnesota experience may apply to broader efforts within the USA and abroad to control sexual offending.