Policing protest in the Australian Capital Territory: the introduction and use of the Public Order Act 1971

This article examines the reaction by the Australian Federal Government to the protest movements of the 1960s–1970s and their attempts to use public order legislation to thwart radical discontent in Australia. It argues that the Public Order (Protection of Persons and Property) Act 1971 was aimed at the threat of “violent” protests, particularly the tactic of the “sit-in”, and that to this end, the legislation was an overreaction to the actual threat posed by the protest movements at the time. It also shows that after a long gestation period, the Act was ill-equipped to deal with the changing nature of demonstrations in the 1970s, such as the problems caused by the erection of the Aboriginal Tent Embassy. Thus, after an initial flurry of use in mid-1971, the law has been seldom used since.     

对我国商业贿赂治理的思考

商业贿赂是国际商业交易活动中普遍存在的现象,其破坏了良好的社会管理与经济发展秩序,扭曲了国际竞争条件,具有很强的危害性。根据我国企业跨国经营的具体特点,借鉴美国《海外反腐败法》和国际组织制定的反腐败国际公约的相关内容,制定我国的《海外反商业贿赂法》,以遏制商业贿赂行为的滋生蔓延。     

Swapping Carrots for Sticks: Forensic science provider views of the Forensic Regulator Act 2021

In April 2021, the Forensic Science Regulator Act 2021 received Royal Assent, providing new statutory powers for the Forensic Science Regulator (FSR) of England and Wales. These powers are intended to enable the FSR to compel forensic science providers (FSPs) comply with quality standard requirements. The FSR has until now relied upon ‘soft power’ and arguments of benefits to be gained if FSPs achieve accreditation and adhere to the Code of Practice. Reaching the limits of persuasive powers, the FSR Act now introduces powers to penalise FSPs who remain unaccredited or fall below published standards. To gauge the potential impact, forensic scientists were asked to anticipate effects of the Act. Practitioners indicated that the new statutory powers could instil a sense of urgency among police force forensic science units in particular, in prioritising quality and investing in accreditation. However, there are significant capacity limitations which may hamper more widespread and sustainable change, such as financial pressures faced by FSPs, as well as resource constraints within the FSR role. Changing from a regulatory approach focussed upon voluntary cooperation, support and encouraging intrinsic motivations (i.e ‘carrots’), for one reliant upon deterrence in the forms of threats of sanctions and punishment (‘sticks’), could prevent real improvements in quality and undermine the achievement of regulatory aims. The FSR Act is unable to address problems with forensic science provision, that militate against the quality of forensic science services. Thus, benefits accrued from swapping carrots for sticks may be illusory and may ultimately prove counterproductive.     

Avoiding Another ‘Squatter in Downing Street’ Controversy: The Need to Improve the Caretaker Conventions before the 2015 General Election

In the UK the rules governing caretaker situations have historically been underspecified. The UK's constitutional traditions, such as prime ministerial discretion to time elections and its two‐party system, have in the past limited the frequency and duration of caretaker periods. However, the recently lengthened election timetable, new constraints on the executive introduced by the Fixed‐term Parliaments Act (2011), and a decline in the dominance of the two largest parties are raising the risk that the UK will experience caretaker periods more often and for longer stretches of time. In this paper, we offer an analysis of the UK's current caretaker provisions and conclude that the existing conventions are insufficiently detailed and can render such periods problematic and controversy‐prone. Important lessons, we suggest, can be learned from reforms in other Westminster systems, and from the caretaker rules of other countries.     

公务员精神与公务员制度

公务员精神来源于公务员制度的本质规定。具有中国特色的社会主义公务员制度决定了中国公务员精神与西方公务员精神既有相同之处,又在“政治中立”这一点上有着根本的区别。随着中国特色社会主义公务员制度的不断完善,公务员精神的内涵也应当不断丰富和发展。公务员精神体现了公务员制度中的爱国主义、集体主义、职业精神和时代精神。当前最为迫切的就是以个人自律、组织教育、制度控制、环境制约等为主要途径,从精神、制度与方法的有机结合上促使每个公务员真正成为“公务员精神”的实践者和体现者。     

Quiet Casualties: An Analysis of U Non-Immigrant Status of Undocumented Immigrant Victims of Intimate Partner Violence

Although immigration policy is a key component of public administration scholarship in the United States, research into Intimate Partner Violence (IPV) for both documented and particularly undocumented immigrants has been tangential in focus. This exploratory study questions 1. the effect of immigration reform on U.S. undocumented immigrant women of IPV and

2. how changes in the number of undocumented immigrants affect IPV victimization rates and the regulations concerning U non-immigrant status.

A least-square trend line suggests that the 10,000 U visa applications permitted annually will not cover the undocumented female population of IPV let alone the victims qualified under the U non-immigrant status. Based on a review of the laws and policies regarding the U-Visa we provide several recommendations to reform immigration laws directed toward immigrant victims of IPV. This study adds to the growing, but still weak body of knowledge on abused immigrant female populations in the United States and how federal legislation toward immigration reform and policy will help these women become valuable contributors to our society.     

Asymmetries in prior conviction reasoning: truth suppression effects in child protection contexts

Abstract

In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching victim bruising) as more indicative of guilt than right-handedness unless a prior conviction was present, and the presence of priors suppressed the generation of alternative possibilities indicative of innocence. Study 2 showed that disclosure did not decrease community ratings of re-offending propensity and dangerousness as much as a similar prior conviction increased them. We consider the results in the context of a new psychological theory of prior conviction bias and the consequences for the implementation of Section 100 of the Criminal Justice Act (2003).     

Unblocking the Digital Economy Act 2010; human rights issues in the UK

Through an example of a study utilizing the case-law research method, this paper critically assesses whether taking into account both the findings of Mr La Rue (the United Nations Rapporteur on Human Rights) as well as some Court of Justice of the European Union's (CJEU) case-law, website blocking could be implemented in a way which is compatible with the European Convention on Human Rights (ECHR), in particular, with Article 10. Drawing upon, inter alia, Ofcom site blocking review, sections 17 and 18 of the Digital Economy Act 2010 (DEA), section 97A of the Copyright, Designs and Patents Act 1988 (CDPA), and some independent expert evidence, this paper's major argument is that in view of the CJEU SABAM v Scarlet and SABAM v Netlog, the UK government's decision to repeal the website blocking provisions of the DEA appears appropriate. The paper examines the findings of Fox v BT. It contrasts such findings with the CJEU's case-law and in light of the incompatibility of any website blocking measure with the cumulative three-part test set out in the United Nations Rapporteur on Human Rights discusses a number of implications. It concludes that given that the implementation of content blocking systems, such as Cleanfeed is likely to result in general monitoring being carried out; the UK government could possibly be in breach of EU law, namely, Article 15(1) of Directive 2000/31.     

What makes community reinvestment act agreements work? A study of lender responses

Abstract

One response to the incentives provided by the Community Reinvestment Act of 1977 (CRA) has been for lenders and community groups to enter into CRA agreements, which involve pledges to provide prescribed levels of service to targeted neighborhoods. This article examines whether lenders actually change their behavior after entering into these agreements.

Using data on CRA agreements and on mortgage lending, we find that institutions increase their lending activity with each year an agreement is in force and that increased lending persists after an agreement expires. Additional analysis shows that agreements that include provisions for mortgage counseling and technical assistance are associated with increased targeted lending. By contrast, agreements with provisions requiring small business counseling and technical assistance and periodic meetings by review committees are associated with somewhat depressed lending levels. Further research is needed to draw definitive implications from this second set of results.