Procedural Justice, Conflict of Interest and the Stolen Generations' Case

The Cubillo and Gunner hearing in the Federal Court of Australia possessed enormous historical, political and moral significance. The applicants' suit against the Commonwealth argued that having been removed they were then wrongfully detained, that government breached its statutory and fiduciary duties and duty of care, and the Commonwealth was responsible for the injuries and damages they incurred as a result of their removal and detention. They sought monetary compensation and exemplary damages. In response the Commonwealth government sought to have the case for damages dismissed on a variety of grounds. From the perspective of the plaintiffs, the case had the potential to set an important precedent. From the Commonwealth's perspective a lot was at stake. Beyond the financial costs, the government's reputation was at risk. The Cubillo–Gunner action tested the Australian legal system's capacity to deal justly with a critical range of moral, historical and political issues raised by the ‘stolen generations’. In his judgment delivered on 11 August 2000, O'Loughlin J dismissed each of the claims for damages by Lorna Cubillo and Peter Gunner. In this article attention is given to aspects of the case that have not yet received due consideration. It is argued here the Commonwealth government had an overriding resolve to win the Cubillo–Gunner case, which sat incongruously with the principle and practice of the federal government as a ‘model litigant’. I consider whether the Commonwealth breached those standards in respect to three central elements of the model litigant standards — namely (1) the exercise of proportionate power, (2) the over‐reliance on technical defences, and (3) a proper regard for accepting a responsibility to administer justice and fair play. I ask whether the appointment of Meagher as the Commonwealth's leading counsel was in the public interest? The case is put that Meagher had a conflict of interest relating to his own biography which connected to the HREOC report on the ‘stolen generations’ in general and the Cubillo–Gunner case in particular. Meager is the son of a man deeply implicated in the politics of Aboriginal affairs during the period under question. (Meagher's father was Chairman of the Aborigines Welfare Board and Minister for Aboriginal Affairs in Victoria until 1972.) Meagher junior was by his own public admission concerned about the findings of the HREOC report and its implications for his father's reputation. He felt it dishonoured his father's name while also sullying the standing of his father's contemporaries. Meagher indicated he believed the case must not be allowed to set a precedent. The public evidence on display in these comments reflects a hostility towards child removal policies which raises questions about the suitability of Meagher's appointment as counsel. As Meagher himself pointed out, he wondered whether his involvement in the case was ‘inappropriate for counsel’ and ‘possibly contrary to the client's interest’, but later decided it was not. His appointment raises questions about the Commonwealth's conformity to the model litigant standards.     

The World Bank and Policy Reform in Mexico and Argentina

This article examines the World Bank's role in the market policy reform experiences of Mexico and Argentina. It argues that while reform was driven by domestic elites, the bank played an important role, providing technical advice and financial support and helping to spread market reform ideas. The nature of the bank's involvement, however, differed substantially in the two countries because of their distinct political arrangements, histories, and geopolitical positions in regard to the United States. In the recent era of second-generation reforms, the World Bank's involvement in compensatory policy development has become more focused, although still more intense in Argentina than in Mexico. This involvement has important implications for the quality of democracy, insofar as the 1990s market reforms were formulated by insulated international policy networks unaccountable to the public. Recently, the bank has declared its commitment to involve civil society in its lending policies, a move that may have important implications for democratic development.     

How Do Chinese Youth in Hong Kong Evaluate Maternal Guilt and Shame Induction? Age,Form, and Domain Differences

Journal of Youth and Adolescence - Although Chinese parents are seen as employing guilt and shame induction to socialize children’s culturally appropriate behavior, research has focused...     

Decentralization and citizen trust: An empirical study of policing in more and less developed countries

Decentralization is argued to enhance citizen–government relationships and, thus, to lead to higher levels of citizen trust. General purpose policing encompasses various services that might be assigned to different levels of governments. The literature lacks generalizable studies of the effects of the structural arrangements of police systems on police performance. This study is a cross‐national exploration of the relationship between the varying degrees of police decentralization and police performance as measured by citizen trust in the police. It uses a measure of decentralization of police systems based on the tiers of government with some control over police. Results show that, in the 72 sample countries, the relationship between citizen trust in police and decentralized police systems is not statistically significant. However, when the countries are categorized by the Human Development Index, decentralized police systems tend to be positively related to citizen trust in the more developed countries but inversely in the less developed countries.     

A million little ways: racism and everyday performances of blackness in Buenos Aires

In spite of the reality of racism in Argentina, dominant Argentine society holds class as the most important factor in explaining social inequalities. I analyze everyday performances of blackness in Buenos Aires, Argentina and how these both corroborate with and contest dominant ideas about race. Even attitudes and behaviors that appear to uphold the racial hierarchy are, often upon deeper analysis, complex mechanisms of negotiation within a racist society. These performances range from very casual encounters on the street to literal interpretations including an audition for a TV commercial. I detail incidents of blacks who counter racist assumptions through their performance of identity as well as how racism influences and shapes these performances among Africans and Afro-descendants. The ethnographic evidence I gathered from my own exchanges as well as those of my research consultants challenges the notion of Argentina as a nation devoid of antiblack racism.     

Self-Care in Public and Community Sector Workplaces

Key aspects of modern public service and community workplaces associated with significant levels of distress are identified. This includes the transformation of public sector and community agencies under the aegis of new public management (NPM). Using a child protection case study, it is argued that NPM ethos generates stressful workplaces and “uncomfortable knowledge” adding pressure to a system already in crisis. It is also argued that while there is value in self-care practices like debriefing, “boundary maintenance,” and “work-life balance,” one critical aspect of self-care associated with the virtue ethics tradition is missing. This gap in the literature and practice needs attention.