Quality Control and Contracting Out of Legal Aid

This article reports on an evaluation of a pilot project in the tendering out of legal aid defence services for criminal matters in the Queensland District Court. Comparisons were made on quality and cost between the assignment of matters through competitive contracting and conventional assignment to private practitioners through a panel and scale fee system. Results show no significant differences in case outcomes and client perceptions of quality. In the interests of further cost reductions, any extension of tendering would need to focus on relatively simple, high-volume areas of prescribed crime, where there is less risk that competitive pricing will reduce the quality of service delivery. In addition, the evaluation indicated that greater savings might in future be obtained by enhanced utilisation of in-house (salaried) legal aid practitioners.     

State Sovereignty and Private Military and Security Companies in Australia

Private Military and Security Companies (PMSCs) as active participants within global security environments has increased in the last two decades exponentially. States have progressively incorporated PMSCs in their security functions, both domestically and internationally. Since the conflict in Iraq in the early 2000s, there have been numerous plausible reports of PMSCs violating international humanitarian law. Despite this, only a few have ever been prosecuted, suggesting a fundamental challenge to understandings regarding state control and monopoly over violence. Utilising a historical case study of an Australian PMSC in Operation Iraqi Freedom, this article argues that PMSCs undermine Australian sovereign legitimacy. It demonstrates how Australian oversight and accountability regarding its use of PMSCs is significantly fractured and current regulatory mechanisms concerning PMSCs are deficient. Thus, the Australian government's ability to provide control over the actions of PMSCs is diminished, affecting its sovereign legitimacy and ability to monopolise violence. The article overall conveys the dubious position states come into when the use-of-force is wielded by actors for distinct material incentives.     

The schizophrenia of physician extender utilization

The Patient Protection and Affordable Care Act of 2010 provides incentives for healthcare to be delivered by Affordable Care Organizations (ACOs). The public face of many, if not most, ACOs is likely to be the Patient Centered Medical Home (PCMHs), a business structure that evolved from Retail Medical Clinics, which made greater use of physician extenders (PAs). Accordingly, this paper examines the evolution and structure of PCMHs as well as how the PCMH is regulated. As neither legal or market regulatory mechanisms are ideal for policing business structures that employ PAs, this paper concludes that the tort reform most appropriate for PCMHs is the introduction of either no-fault or enterprise liability coverage.     

Ideologies in Law Time: The Oxford History of the Laws of England

In the introduction to the new Oxford History of the Laws of England 1820–1914, the authors suggest that their task is to tell the “history of the law itself.” This review essay examines what can be learned from a history told from law's internal point of view rather than through the perspectives of other disciplines, such as economics or philosophy. It considers whether and how the common law responded to industrialization and laissez‐faire ideology, the influence of salient philosophical movements—such as utilitarianism—on statutory change, and how all history is an exercise in ideology. In considering the public sphere, it suggests that this work should form the inspiration for further inquiry.     

Much ado about cloning in the public square

The dawnings of the age of human cloning and genetics is shaping lives, ideologies, and social structures. How will we--as individuals and as communities--respond to the possibilities, challenges, and changes of the clone age? This essay invites engagement in communal moral deliberation through broadening conversations about serious matters, including human cloning. A framework that includes important moral markers for significant "kitchen table talk" is offered. Clone age justice is also discussed. Attention is paid to the renewed role of religious voices in the public square.