The no-conflict rule: the acceptance of traditional equitable values?

Boardman v Phipps is a leading authority on the no-conflictrule. The House of Lords maintained the strict rule that historicallyequity has imposed on a fiduciary. This article explores howthe dissenting judgment of Lord Upjohn in Boardman v Phippshas been preferred by the lower courts and why the courts haveadopted such a position. This has fuelled a more general debateas to whether the no-conflict rule should be harsh or more flexible.Recent cases including Bhullar v Bhullar are discussed to illustratethe present approach of the courts to the recurring issues surroundingpossible applications of the no-conflict rule.     

Automobile theft: Estimating the size of the criminal population

Animal abundance estimation procedures including a new method of Zelterman are applied in the criminological context of auto theft in the Australian Capital Territory. Using goodness-of-fit statistics and comparing the estimates with known clearance rates, it is estimated that during 1987 about 39% of offenders were charged with at least one count of auto theft. The results also indicate the extent of overrepresentation of juveniles in court statistics compared with their relative participation rate in auto theft.     

Unemployment and the dynamics of offender populations

This paper models the increase in the participation rate of criminal behavior as either the initiation rate or the career length of criminals changes in response to increases in unemployment. Even with large instantaneous increases in unemployment, the models show a very slow increase in the criminal participation rate, giving a possible explanation of the failure of many studies to demonstrate a link between unemployment and crime levels.     

URWICK ON THE PIONEERS OF MANAGEMENT

Colonel Lyndall Fownes Urwick is one of the major theoreticians and historians of the management movement of the twentieth century. For this he has been recognized internationally, holding most of the major awards for excellence in contributions to management. He is now 87 years old and lives in Australia. In this paper the authors report an edited version of Urwick's verbal responses to questions about Taylor, the Gilbreths, Gant, Fayol, Mayo, Mooney, Reiley, Mary Parker Follett, Barnard, Drucker and Koontz. Questions were designed to elicit Urwick's experiences with the individuals rather than just their ideas. Anecdotal recollections have been included where they give insights into the pioneer's personality and writings.