The Sincerity of the British Commitment to the Maintenance of the Balance of Power 1714–1763

‘A nation interested in the preservation of a certain distribution of power tries to make its interest appear to be the outgrowth of the fundamental, universally accepted principle of the modern state system, and hence, to be identical with an interest common to all nations. The nation itself, far from defending a selfish, particular concern, poses as the guardian of that general principle; that is, as the agent of the international community.’ ¹ 1 Hans J Morgenthau, Politics Among Nations (4th ed, New York, 1967), p. 205.      

Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions

The authors analyze existing and developing trends in healthcare fraud litigation. They first review the traditional use of the Medicare-Medicaid Anti-Kickback Statute to prosecute such fraudulent activity. They then consider newer theories that have been employed, or may be employed, in cases involving payors, middlemen, agents, and fiduciaries. These include the use of the Civil False Claims Act, the Federal Travel Act, and the Public Contracts Anti-Kickback (sometimes incorporating violations under state commercial bribery and similar state legislation to form the basis of a federal claim or prosecution). The Article then turns to a discussion and warning of attorneys' potential liability for a client's kickback arrangements. Finally, the Article takes a very brief look at relationships under Medicare Part D that may well prove to be a fertile area of problematic conduct, public and congressional scrutiny, and prosecutions utilizing some of these theories.     

PROTECTING CHILDREN'S RIGHTS IN CONTACT DISPUTES: THE ROLE OF CHILDREN'S CONTACT SERVICES IN AUSTRALIA*

This article explores the role of Children's Contact Services (CCSs) in protecting children's right to express, and have heard, their wishes in contact disputes. The findings presented are drawn from the Australian Children's Contact Services Project and were based on 142 interviews with representatives from the government, the courts and legal profession who refer families to CCSs, service staff, as well as the parents and children who use the services. An analysis of client data from 396 families who had used one of six contact services in Victoria and Queensland during the month of August 2003 was also conducted. The findings suggested that CCSs successfully engaged children in a “dynamic self‐deterministic” process where children were able to explore their own wishes in relation to contact visits over time as their relationship goals changed. John Eekelaar described this process as being central to making decisions that are in children's best interests.     

The role of the Yorta Yorta people in clarifying the common interest in sustainable management of the Murray–Darling Basin, Australia

The Murray–Darling Basin incorporates Australia’s three longest rivers and spans four states and one territory. It is important for an agricultural industry worth more than AUS$9 billion per year, but is also the life source and the spirit of the Indigenous Yorta Yorta people. Here, we address whether the interests of the Yorta Yorta people can encompass the common interest of the wider community in the Basin, and how the colonial legacy and climate change of the past century continue to influence the realization of the common interest moving forward. We find that shared regional governance with an agreed outcome supports the ongoing sustainability of the country and its people, but because of the legal history of Australia since colonization, recognition and mutual respect are no less important. Further, we note that the increasing climatic variability and changing climatic mechanisms that now exemplify the southeast of Australia corroborates the need for adaptive planning with longer time horizons. These lessons are supported by the customary law and practice of the Yorta Yorta people.     

Female sexual abusers: Assessing the risk

Successful risk management within child protection is problematic and in many cases is a delicate balancing act between parental and children’s rights. Reversing the expected gender roles creates a dynamic that may increase the difficulties of risk assessment even further. This paper focuses on women who sexually abuse children and discusses the particular problems relating to the assessment of risk in professional practice. The data was gathered in the UK and drawn from a series of qualitative interviews with child protection professionals, including 3 police officers, 2 lawyers, 15 social workers, 6 probation officers, 8 health workers and 11 counsellors. The interview data have identified some links between the gendered assumptions and the rationales used by professionals to explain the abusive behaviour.     

Conditional openness: young people define practices for successful child protection interventions

Taking the reforms of child protection legislation that have occurred since the 1980s as a backdrop, this paper considers young people’s perspectives on the factors that facilitated their engagement with child protection services and the barriers they perceived to effective service delivery. Drawing on findings from a New Zealand study of young people’s experience of multiple service use (child protection, mental health, youth justice and remedial education), the paper identifies that that rather than being ‘resistant’ or ‘hostile’ to statutory child protection intervention, young people reported a ‘conditional openness’. This conditional openness was characterised by three themes: communication; continuity and consistency; and contextual and cultural responsiveness. Interventions with these characteristics activated this conditional openness allowing effective interventions to occur. Using a series of case studies, comprising interviews and agency case file records; the paper considers the experiences of 109 young people (12–17 years) as well as those of the ‘person most knowledgeable;’ an adult nominated by young people because they knew the young person’s situation well.     

Globalization and Vulnerability of Chinese Migrant Workers in Italy: empirical evidence on working conditions and their consequences

Compared with other ethnic groups, Chinese immigrants have a low profile and their voices, contributions, sufferings and needs are not widely recognised. This paper argues that the vulnerability of Chinese migrant workers is related to the poor working conditions in ethnic workplaces and the social isolation they experience, and that these two problems are interwoven. The data were obtained from an empirical survey involving 28 Chinese- and Italian-owned manufacturers in the textile, garment and leather sectors in the Veneto region of northern Italy, selected to enable comparisons to be made between conditions in Chinese-owned and Italian-owned businesses.