RECONCILING THE IRRECONCILABLE? THE RESOURCE ASSESSMENT COMMISSION,RESOURCES POLICY AND THE ENVIRONMENT*

Abstract: This paper investigates the place of the Resource Assessment Commission (RAC) in the reform of resource policy-making undertaken by the Hawke government in the aftermath of its experience of the Wesley Vale pulp-mill dispute. The paper argues that the RAC was seen as a foundation upon which the reformed process would rest. The RAC's role would conform to the essence of “accordism”—that is, it would seek to depoliticise information and scientific data by filtering the wide range of inputs at the evaluative stage whilst attempting to reconcile hitherto irreconcilable interest groups from the development and environment sides of the land-use debate. The paper begins by exploring the origins of the RAC. It then reviews the RAC in action and concludes by analyzing the role of the commission within the broader context of the Hawke government's pursuit of “consensus politics”.     

Children's Conceptual Knowledge of Lying and Its Relation to Their Actual Behaviors: Implications for Court Competence Examinations

Child witnesses must undergo a competence examination in which they must show appropriate conceptual understanding of lying and truth-telling, and promise to tell the truth. Three experiments (Ns = 123, 103, 177) were conducted to address the assumptions underlying the court competence examination that (1) children who understand lying and its moral implications are less likely to lie and (2) discussing the conceptual issues concerning lying and having children promising to tell the truth promotes truth-telling. Both measures of lying and understanding of truth- and lie-telling were obtained from children between 3 and 7 years of age. Most children demonstrated appropriate conceptual knowledge of lying and truth-telling and the obligation to tell the truth, but many of the same children lied to conceal their own transgression. Promising to tell the truth significantly reduced lying. Implications for legal systems are discussed.     

Application of multivariate chemometrics in forensic soil discrimination based on the UV-Vis spectrum of the acid fraction of humus

Forty-four soil samples from five different areas were examined on the basis of the UV-Vis spectrum of the acid fraction of humus with a view to achieving good discrimination between them. Fulvic and humic acids were extracted from the samples into an alkaline aqueous solution and absorbance values, after appropriate transformations, were subjected to a K-mean cluster analysis (CA) over the objects (samples) for an initial feature reduction (20 variables retained). This was followed by principal component analysis (PCA) for the removal of outliers (four samples removed). The same statistical technique was used on the remaining samples to decide how many variables to enter into the linear discriminant function analysis (DA) and whether original variables or component scores should be used. It was found that the scree test was a good criterion for deciding on the number of components to extract (nine components extracted) and that the use of component scores instead of original variables led to a lower average redundancy (20.6%) of the variables in the discriminant model. From the components entered into the model and their loadings, it was concluded that the discrimination achieved was due to the relative concentration of aromatic groups and other fragments in the samples as well as the degree of soil humification. An overall 85% correct classification of the training dataset was observed (Wilks' lambda = 0.0420) and the method was judged satisfactory for supporting exclusionary forensic purposes.     

Legal ‘Elasticity’ and ‘Sidestepping’ in European Crisis Management of Financial Markets

This paper explores the roles played by law in crisis management of financial markets and some possible consequences. Three questions are raised ‐‐about the ‘elastic’ use of law, about ‘sidestepping’ existing legal order by invention of new structures and about redistributive consequences. These questions are appraised empirically in relation to three areas of financial market law: public support given to banking from 2008 onwards; English case law concerning derivatives contracts when confronted with Lehman‐style insolvencies; and the European Stability Mechanism, which during summer 2015 was being primed in relation to Greece. On the first two case studies, law, having been mightily stretched, did not break. Likewise, legal sidestepping, as epitomised by the European Stability Mechanism, may result in a less coherent legal structure; however such incoherence may be not be fatal to the ensemble. On all three fronts, redistributive questions remain controversial, but controversy in itself does not undermine legal structures. A particular form of theory, the Legal Theory of Finance, is discussed in light of the case studies. Such theory may have an unfulfilled longing to discern law‐like regularities (ironically chasing economics).     

The Importance of Microscopic Examination of the Lungs in Decedents with Sustained Central Intravascular Catheters: A Nine‐Case Series

Indwelling intravascular catheters provide convenient access to healthcare personnel and also recreational intravenous drug users who inject suspensions of oral medications. A nine‐case series of autopsies of clinically stable decedents with indwelling catheters and sudden death is herein presented. Pulmonary histologic findings were consistent with intravenous administration of oral medications in all cases. In eight, the mechanism of death was directly attributed to occlusive vascular embolization of foreign material, with or without contribution of acute drug toxicity. In one, the mechanism of death was solely attributed to acute drug toxicity. Acute, massive embolization of foreign material may explain sudden death by vascular obstruction, whereas chronic repeated injections lead to obliteration of the pulmonary vasculature, increased pulmonary vascular resistance, and cardiac failure. Therefore, a complete autopsy with histologic examination of the lungs and toxicology testing is recommended in patients with indwelling catheters to determine the cause and mechanism of death.     

Election Inversions under Proportional Representation

It has been shown by Peter Kurrild‐Klitgaard, using several empirical examples under the Danish electoral system, that proportional representation (PR) can produce ‘election inversions’ such that a coalition of parties collectively supported by a majority of voters fails to win a majority of parliamentary seats. However, Kurrild‐Klitgaard's examples result from imperfections in the Danish PR system introduced to serve goals other than proportionality. In this article, Kurrild‐Klitgaard's analysis is carried a step further by showing that election inversions can occur even under the purest type of PR – namely, one with (i) a single national constituency, (ii) no explicit seat threshold, and (iii) a highly proportional electoral formula. Inversions result from the unavoidable ‘whole number problem’. Recent election data from Israel and the Netherlands is examined and examples of inversions under their relatively pure PR systems are found. Inversions are also found after recalculating seat allocations without a threshold, and on the basis of the most proportional electoral formulas and when the analysis is restricted to seat‐winning parties. Kurrild‐Klitgaard's Danish data is then re‐examined in the same fashion, as is the most recent apportionment of seats in the United States House of Representatives, and more examples of inversions are found.