Law & Justice

Publication Search Results

Now showing 1 - 7 of 7
  • (2007) Chan, Janet; Dixon, David
    Journal Article
    In 1997, the Wood Royal Commission into the New South Wales Police Service concluded that a state of `systemic and entrenched corruption' existed in the police organization. Major reforms were introduced in the wake of the Commission, including the appointment of a new Police Commissioner, organizational restructuring, a complete revamp of recruit education, as well as increased monitoring and accountability. The magnitude and scope of the Commission's reform programme was bold and ambitious by international standards. This article takes stock of the impact of the Commission 10 years after the publication of its Final Report. Drawing on interviews with key informants, official reports and other documentary sources, the article analyses the activities of the Commission, the intentions of its recommendations and the implementation and consequences of reform. The lessons of the NSW experience are salutary not only for understanding the vagaries of police reform, they also demonstrate the complex relationship between police organizations and the volatile political environments in which they increasingly need to operate.

  • (2007) Cunneen, Chris
    Journal Article
    This article suggests that the processes for establishing a more coherent approach to Indigenous law and order are being put in place, however, these gains need to be defended and supported against the renewed ascendancy of a discourse of barbarism and primitivism about Indigenous people within current federal policies.

  • (2007) Luke, Garth; Cunneen, Chris
    Journal Article
    The purpose of this journal article is twofold. First, it provides a discussion of the use of recidivism as a measure of effectiveness of criminal justice interventions, and, secondly, there is discussion of an evaluation of a juvenile post-release support program. The article argues that there has been a significant growth in recidivist studies, particularly as a measure of effectiveness. However there has been less and less attention placed on the limitations of measures of recidivism, or the nature of extraneous factors that influence re-offending. We use an evaluation study we conducted of the Post Release Support Program (PRSP) for juvenile offenders in New South Wales to explore these issues further. One of the interesting points to the study was that, while the statistical results on re-offending were not conclusive, the qualitative interviews among staff and offenders were overwhelmingly positive about the program. For us this raises the question: what value do we place on recidivism in evaluating a program when qualitative outcome information appears more conclusive?

  • (2007) Huang, Hui
    Journal Article
    With China’s entry into the World Trade Organization (‘WTO’), the gradual opening of previously closed industry sectors to foreign investment and the continued strong growth of the Chinese economy, merger and acquisition (‘M&A’) activity has become an increasingly attractive alternative to greenfield investment to foreign investors. In the 1980s, the first wave of foreign direct investment (‘FDI’) in China mostly took the form of joint ventures, including equity joint venture enterprises (‘EJV’) and contractual joint venture enterprises (‘CJV’). A second wave followed in the 1990s in the form of wholly foreign-owned enterprises (‘WFOE’). Now a third wave – cross-border M&A – is gaining strength. Foreign investors are becoming more inclined to invest in China by merging or acquiring existing Chinese companies, particularly the leading players in the fields, because M&A transactions offer foreign investors immediate market access with minimal business risk and the acquired business can be converted to foreign-invested enterprises (‘FIE’) for favourable treatment. The increased pace of foreign M&A activity has contributed to restructuring of the foreign M&A regime in China. On 8 August 2006, six Chinese government agencies, led by the Ministry of Commerce (‘MOFCOM’) of the People’s Republic of China (‘PRC’), jointly promulgated the Provisions on the Takeover of Domestic Enterprises by Foreign Investors (‘2006 Regulation’). This Regulation became effective on 8 September 2006, replacing the previous Tentative Provisions on the Takeover of Domestic Enterprises by Foreign Investors (‘2003 Tentative Regulation’), which were in force since 12 April 2003. The 2006 Regulation, taken together with several other instruments issued either before or after its promulgation, constitutes a systematic regulatory framework governing foreign M&A activity in China. This paper considers the central features of this newly introduced 2006 Regulation and then analyses the factors responsible for its adoption. This paper also examines the possible implications it will have for foreign M&A transactions in China, which includes a discussion on the problems with the enforcement of the 2006 Regulation and a proposal for improvement.

  • (2007) Deutsch, Robert; Snowden, Richard; Biancardi, Alexis
    Journal Article