The Contingent Public Value of ‘Good Design’: Regulating the Aesthetics of the Australian Urban Built Environment

The proposition that the urban built environment can, and indeed should, be made more visually attractive is a long‐standing feature of the governance of Australian cities. In this vein, this paper examines how ‘good design’ in terms of visual aesthetics is currently pursued including through the development assessment process and the work of government architects. The paper begins by tracing the background of contemporary regulatory practice from long‐standing ideas around beauty and its value through to the urban design movement of today. Next, it considers in more detail various rationales for aesthetic governance and what might be better forms of regulatory practice. In short, it will be argued that while there can be scope for regulation to deliver superior outcomes, this practice must be sensitive to a high degree of contingency in what the public values and that deliberate empirical inquiry into the latter is desirable.     

An extremely sensitive species-specific ARMs PCR test for the presence of tiger bone DNA

The survival of the tiger (Panthera tigris) is seriously threatened by poaching to provide raw materials for Traditional Chinese Medicines (TCMs). Most highly prized are the tiger's bones, which are used in combination with other animal and plant derivatives in pills and plasters for the treatment of rheumatism and other ailments. Hundreds of patent remedies have been produced which claim to contain tiger bone, but proof of its presence is needed, if legislation prohibiting the trade in endangered species is to be enforced. A highly sensitive tiger-specific real-time PCR assay has been developed to address this problem. Using primers specific to the tiger mitochondrial cytochrome b gene, successful amplification has been reliably achieved from blood, hair and bone as well as from a range of TCMs spiked with 0.5% tiger bone. Although capable of detecting fewer than 10 substrate molecules, the seven varieties of TCM pills and plasters tested showed no detectable trace of tiger DNA before spiking. Furthermore, sequencing several "tiger bone" fragments seized from TCM shops has shown that they actually originated from cattle and pigs. The potential effects of traditional bone preparation methods, evidence that much lower concentrations are used than alleged on TCM packaging, and substitution of bones from other species all suggest a low likelihood of detecting tiger DNA in patent medicines. Despite this, the basic methods have been thoroughly proven and can be readily applied to derivatives from other CITES protected species providing a rapid and highly sensitive forensic test for species of origin. Potential applications to the monitoring of wild populations are demonstrated by the successful identification of shed hairs and faecal samples.     

For the health of the economy and patent system: rationale and scope of patent attorney privilege

Legal context: There exists, in some countries, a patent attorney privilege.This privilege allows an actual or potential holder of patentrights to withhold from a court communications that it has hadwith its patent attorney. The privilege is not recognized inall jurisdictions and there is variation in the extent of theprivilege in those countries where it does exist. Key points: This article explores the rationale for the privilege in orderto see if there is a sound basis upon which to found it. Througha consideration of the justifications for other legal privileges,the article finds that patent attorney privilege is a justifiableprotection for communications between clients and their patentattorneys. If there was a possibility that the communicationswould have to be revealed in court, this may impact the fulland frank nature of the communications. Such communicationsassist patent attorneys, as professionals with expertise ina specialized field, to provide clients with appropriate andeffective advice. That advice goes directly to the maintenanceand benefit of the patent system and the overall economy. Practical significance: As a result of the variation in the extent of the privilegearound the world, there are moves afoot to reform its operation.This article reveals strong public policy reasons for the recognitionof a patent attorney privilege. These grounds also reinforcethe need to ensure that privilege is not unduly limited in itsoperation in any jurisdiction.     

The Fight Against Organised Crime in Europe: A Comparative Perspective

This article provides an overview of the measures and actions taken by the Member States of the European Union in their fight against organised crime and transborder crime. The Action Plan to Combat Organized Crime adopted by the Ministers for Justice and Home Affairs during the Dutch EU Presidency, submitted some 30 recommendations with respect to greater harmonisation regarding the fight against organised crime in the EU Member States. The author gives a concise summary of the most relevant changes and the structural characteristics per Member State, paying attention to developments in the specific countries and the organisations involved. One of the conclusions reached is that few or no reforms within national investigative and prosecution authorities may be directly traced back to the regulatory impulses of the EU. Although the EU Action Plan has not yet realised a convergence of the systems, the European process of integration has increased the mutual transparency and knowledge of one another's systems.     

Soft budgets and hard rents: a note on Kornai and Gomulka

This note shows how Kornai's concept of the soft budget constraint can be decomposed into separate elements of technical inefficiency and relative price distortion. The distinction between r-budget softness and m-budget softness introduced by Gomulka is shown to correspond to the equivalent and compensating variation measures of efficiency loss. It is also argued that budget softness should be viewed as the outcome of a rent-seeking process in which a firm's action in the control sphere incurs an opportunity cost in the real sphere. Adopting such a perspective leads to a re-definition of the resource loss associated with budget softness and results in much higher estimates of the social costs of soft budgets than those proposed in the existing literature.