Mandate,Discretion, and Professionalisation in an Employment Standards Enforcement Agency: An Antipodean Experience

In recent years, there has been a resurgence of scholarly interest in the operation and effect of labour inspectorates around the world. This article aims to contribute to this mounting comparative and socio‐legal literature by considering the emergence of an active and high‐profile enforcement agency in Australia—the Fair Work Ombudsman (FWO). Drawing on the experiences of inspectors and senior managers at the FWO, we examine the structure and mandate of the agency, as well as the discretion afforded to, and the professionalisation of, individual inspectors. While some have sought to draw a distinction between a rule‐bound, specialised approach characteristic of certain Anglo‐American countries and the so‐called Franco‐Iberian model, which places a greater emphasis on flexibility and pragmatism, we found that the FWO does not necessarily fit neatly within this dichotomy. Rather, we observe that as the FWO is a new institution, its mode of operation is in the process of evolution. At present it is pluralistic, in the sense that it exhibits a hierarchical, procedural approach in a drive to address concerns of consistency and accountability, while at the same time allowing, and sometimes encouraging, individuals to be experimental and adaptive.     

The US military's social media civil war: technology as antagonism in discourses of information-age conflict

This article uses the controversy within the United States (US) military over the use of social media by individual military professionals as a window into larger debates about the nature of information-age conflict. Information and associated technologies are now central to the US military imaginary. But the controversy over social media is one indicator that the dominant discourse of information-age conflict is neither stable nor total. The introduction of a new technology can serve as an antagonism that turns latent, potential contradictions into substantive differences for policymaking. Thus, though the US military generally has embraced information and communication technologies (ICTs), the introduction of a particular ICT can still be a source of controversy. Military imaginaries, technologies and the relationships between them remain dynamic, contingent and sometimes contentious.     

Exception to Excess: Tactical Use of the Law by Outgroups in Bias Crime Legislation

US bias crime jurisprudence follows the discrimination model and ejects “hate” from scrutiny. It is suggestive of improvements that should be made to Canadian law insofar as it also better tracks the enactment of discrimination against difference occasioned in the everyday. Criminal law, however, remains weak at preventing crime. And where the law requires evidence of discrimination, it iterates the stereotypes and social backdrop of hate crime. But this view on law and culture underestimates how outgroups may produce countermeanings and influence the law. Turning to the more material basis of identity, neoconservatism has given the law a broad ambit whereby coercion as opposed to investment in human capacities is promoted as the means to social order. Where scholars argue that discursive collaboration with retributionist policy requires outgroups to pursue cultural revalorization, given the decreasing freedom under the contemporary authoritarian paradigm, I argue that they must also pursue distributional justice.     

Esophageal injury in fatal rear-impact collisions

Neck injuries resulting from motor vehicle collisions (MVC), often referred to as whiplash trauma and injury, often demonstrate little or no evidence of significant tissue damage. In rare instances, however, serious injury to the anterior neck organ injuries can result from such trauma. The present study describes esophageal injury associated with rear-impact collisions, based on a unique case report, review of the scientific literature and a query in the National Automotive Sampling System (NASS) database of the US National Highway Traffic Safety Administration. The Medline search and present case study totaled five cases of rear-impact collision-related serious esophageal injury (laceration or rupture). In the four published cases all patients survived, whereas in the presented case study, the patient died due to mediastinitis and sepsis. The NASS query revealed an additional three cases out of a total of 55,926 investigated crashes. All three cases were associated with fatalities. Although no anatomical or bioengineering studies have presented data on the behavior of the esophagus during rear-impact whiplash loading, sudden tensile and/or compressive forces is the likely explanation of injury, often in combination with a local fracture of a vertebral body. In these 8 cases significant esophageal injury carried a substantial (50%) risk of mortality. Clinicians should be aware of the potential for significant complications in the whiplash trauma-exposed patient who complains of chest pain, mid-thoracic pain, discomfort in the neck and throat, respiratory distress, or hoarseness. For those forensic specialists involved in whiplash cases these study results highlight the need to consider esophageal injuries as a rare but potential consequence of whiplash trauma.