The effect of outpatient methadone maintenance treatment facilities on place-based crime

Journal of Experimental Criminology - This study evaluates the effect of outpatient methadone maintenance treatment (OMMT) facilities on crime in surrounding areas. Between 2007 and 2017 in...     

Managing commercial risks in open source software licensing

Legal context: The article reviews the commercial risk allocation clauses intypical open source licence terms and discusses their enforceabilityand implications. Key points: The enforceability of warranty disclaimers and limitation ofliability clauses in common open source licence terms is questionable,particularly in a cross-border context, and commercial licensorsshould take additional steps to protect themselves from down-streamrisks. Practical significance: Open source software presents a number of unusual commercialissues, because it is available free of charge and the providerstry to disclaim warranties and liabilities. End users and resellershave to adjust their own in- and out-licensing models to accommodatethis situation.     

Preparing to Be Colonized: Land Tenure and Legal Strategy in Nineteenth-Century Hawaii

In the late nineteenth and early twentieth centuries, throughout the Pacific Rim, European and American colonizers reorganized indigenous systems of property rights in land to make them look more like European property systems, with disastrous effects for the indigenous people involved. The very first of these schemes, however, was the Māhele of 1845–1855, which took place not in a colony but in the independent Kingdom of Hawaii. Why did the Hawaiians do this to themselves? I argue that the Māhele was a sophisticated and partially successful response to the prospect that Hawaii would soon be colonized. The object of the Māhele was to ensure that in the event of annexation, Kamehameha III and other elite Hawaiians would not be dispossessed of their landholdings. The strategy was to convert those landholdings into a legal form that would be recognized by an incoming colonial government—whether American, British, or French—as private property.     

Liberal Equality, Exploitation, and the Case for an Unconditional Basic Income

This paper considers whether arguments presented in Philippe Van Parijs' Real Freedom for All: What (if Anything) Can Justify Capitalism? succeed in rebutting the objection that the introduction of a substantial unconditional basic income (UBI) would allow non-working citizens to free-ride on the efforts of, and so exploit, working citizens. It considers Van Parjis' 'external assets argument' for UBI, and finds that this argument does not succeed in reconciling payment of a substantial UBI with the reciprocity principle which underpins this 'exploitation objection'. It considers and rejects Van Parijs' implicit claim that the exploitation objection must be grounded in a distributive principle which contradicts the egalitarian commitment to prevent brute luck inequality. It concludes that Van Parjis has failed, thus far, to articulate a convincing response to the exploitation objection.     

Punishing corporate criminals with restraint

This article is a revised version of a paper originally written for, and presented at, the eighth international conference of the Society for the Reform of Criminal Law, Hong Kong, December 4–8, 1994. Parts have been published in Don Stuart,Canadian Criminal Law 575-91 (3d ed. 1995).     

Theoretical and empirical specification of a model of informal labeling

Recently criminologists have begun to explore the importance of disaggregating frequency measures of self-reported delinquency into the separate decisions of initiation and continuation. Given that labeling makes predictions concerning continuation, the purpose of this paper is twofold. The first is to test the ability of an informal labeling model to predict the decision to continue delinquent behavior once it is initiated. The second purpose is to address the broader question of whether disaggregation matters. The findings support the idea that the informal labeling model is predictive of the decision to continue delinquent behavior. The findings also suggest that, at least for a measure of general delinquency, there are some differences to be found by choosing the appropriate sample and form of the dependent variable.     

The Victorian Women on Farms Gatherings: A Case Study of the Australian “Women in Agriculture” Movement

This article provides a case study of the Victorian Women on Farms Gatherings (WOFG) to redress the lack of attention political historians have paid to farm women. Using materials collected by Museum Victoria, we trace the reasons for farm women's activism during the latter part of the twentieth century, and document the activities and outcomes of the Gatherings held annually since 1990. Our study demonstrates that farm women see politics as multi-faceted and heterogeneous. In short, there are no clear binaries between the political and non-political. This demonstrates the need to avoid masculinist and conventional definitions of politics, which obscure the political activities of women. Politics should not be conceptualised in a manner which associates women as a group with informal and non-traditional political activity. This simply reinscribes the types of binaries that have encouraged the omission of women from political history.