Law Commons^™

Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett

Warwick Gullett

The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity ofthe environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the "precautionary principle", tracing its development from an uncontroversial espousal of commonsense to its emergence as a potentially forceful decision-making norm. It will be argued tliat although the principle has definitional and implementational …

Marine Resources Management, Warwick Gullett, Clive Schofield, Joanna Vince

Warwick Gullett

The idea for this book came from a realisation that although the marine resources in Australia's large offshore areas are varied, valuable and of increasing national significance, these points are often poorly acknowledged and understood. Further, it was apparent to us that a clear understanding of the challenges that arise for the management of Australia's marine environment cannot be achieved without appreciating the complexities and cross-cutting nature of the activities and issues involved. This means that a broad scale perspective is required; one that is informed by contributions from a range of disciplines. Unfortunately, students, scholars and practitioners typically find …

Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett

Warwick Gullett

In the latest of a series of merits review decisions by the Administrative Appeals Tribunal (AAT) concerning the correct construction to be given to the Australian Fisheries Management Authority's (AFMA's) statutory objective to ensure that the exercise of the precautionary principle is 'pursued', the AAT has affirmed the decision under review as having being made reasonably and correctly in pursuit of the principle. This article explains the reason for the AAT's recent decision in Craig Justice v Australian Fisheries Management Authority and Executive Director, Department of Fisheries Western Australia (hereafter Justice v AFMA) which affirmed AFMA's implementation of the consultative …

Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher

Warwick Gullett

In this article, the authors review recent Administrative Appeals Tribunal decisions concerning the Australian Fisheries Management Authority's exercise of discretionary powers in pursuit of its statutory objective to ensure that the exploitation of fisheries resources is conducted in a manner consistent ,vith the exercise of the precautionary principle. The most recent of a series of Tribunal decisions which have affirmed the Authority's interpretation and application of the principle as contained in the Fisheries Management Act 1991 (Cth) is discussed in detail, together with Federal Court rulings concerning the content of the Authority's statutory obligation to ensure that fisheries cxploitation maximises …

The Corporate Governance Of Iconic Executives, Tom C.W. Lin

UF Law Faculty Publications

This Essay explores the special corporate governance challenges posed by iconic executives. Iconic executives are complex, bittersweet figures in corporate governance narratives. They are alluring, larger-than-life corporate figures who often govern freely. Iconic executives frequently rule like monarchs over their firms, offering lofty promises to shareholders, directors, and managers under their reign. But like many stories of powerful and influential figures, the narratives of iconic executives also contain adversity and danger. Part of the acquiescence and enchantment with such figures is rooted in the virtuous promises embodied by their presence, promises of unity, accountability, and effectiveness in corporate governance. Unfortunately, …

Recommendations For Australia’S Implementation Of The National Emergency Warning System Using Location-Based Services, Anas Aloudat, Katina Michael, Roba Abbas

Professor Katina Michael

Mobile alerts, notifications and location-based emergency warning systems are now an established part of mobile government strategies in an increasing number of countries worldwide. In Australia the national emergency warning system (NEWS) was instituted after the tragic Black Saturday Victorian Bushfires of February 2009. In the first phase, NEWS has enabled the provision of public information from the government to the citizen during emergencies anywhere and any time. Moving on from traditional short message service (SMS) notifications and cell broadcasting to more advanced location-based services, this paper provides executive-level recommendations about the viability of location-based mobile phone services in NEWS …

Gender And Partner Compensation At America's Largest Firms, Marina Angel

Marina Angel

Abstract

This study compiled the largest research sample on the gender gap in compensation at the 200 largest law firms by combining two large databases to examine the compensation disparities between men and women partners. The analysis elucidates the question of whether the difference is because women are less productive than men partners or because they are women. The Am Law 100 and 200 studies include gross revenue, profits, number of equity and non-equity partners, and the total number of lawyers at each firm. The Vault/MCCA Law Firm Diversity Programs study (Vault/MCCA) includes the gender ratios at each Am Law …

Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill

Law and Contemporary Problems

The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities -- securities for which they were willing to pay very high prices. Investors' willingness to purchase these securities on terms that were favorable to the sellers, and unfavorable to them, presents a considerable puzzle. Investors do not want to miss out on the next big thing.

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard Gold

Howard Glickstein

No abstract provided.

Government Policies Must Keep Business On Tight Rein, Paul Donnelly, John Hogan, Brendan O'Rourke

Articles

The unethical behaviour that helped create the economic and banking crisis has caught the attention of some parties.

The Pathogenesis Of Human Papillomavirus (Hpv) In The Development Of Cervical Cancer: Are Hpv Vaccines A Safe And Effective Management Strategy?, Roslyn Judith Wilyman

Faculty of Law, Humanities and the Arts - Papers (Archive)

Human Papillomavirus (HPV) infection has been linked with cervical cancer. Some medical professionals see it as the determining causal agent and therefore promote vaccination as an effective prevention strategy. However, the biological plausibility of a causal theory requires that the incidence of the causal agent varies with the incidence and mortality of the disease. Yet the incidence and mortality of cervical cancer do not vary with the incidence of infection with HPV strains 16 and 18; the strains covered by the HPV vaccine. Though HPV infection is a necessary precursor to most cervical cancer, most high-risk HPV infections (with one …

A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn

Faculty Working Papers

If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …

Promoting Employee Voice In The American Economy: A Call For Comprehensive Reform, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

It has become apparent that there are serious deficiencies in the American model of production. Our model of corporate governance has recently come under intense scrutiny in the academic literature and the popular press. There are increasing concerns that American corporations are too focused on short-run profits and stock prices, at the expense of long-term strategies and investments that would benefit the long-run value of the firm, employees, and the American economy at large. In the pursuit of short-run shareholder interests, American corporations have bestowed on senior executives enormous compensation packages that seem increasingly divorced from any notion of rationality, …

Graduate Capabilities Assessment Rubric For Self-Management Standards In The Bachelor Of Laws, Judith May Marychurch, John P. Littrich, Margaret C. Wallace

Faculty of Law - Papers (Archive)

Threshold Learning Outcome 6: Self-management in the Bachelor of Laws states that the graduate of a Bachelor of Laws is able to (a) Learn and work independently, and (b) Reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development. This rubric, commissioned as part of the Assuring Graduate Capabilities ALTC Project, will assist course coordinators in implementing TLO 6 and demonstrating evidence that their graduates meet the (ALTC Learning and Teaching Academic Standards (LTAS) Project) Threshold Learning Outcome 6: Self-Management

The Last Male Bastion: In Search Of A Trojan Horse, Joan Macleod Heminway

Scholarly Works

Numerous legal scholars and commentators have written about the paucity of women in the boardroom at influence-wielding U.S. public companies. Fewer have written about the scarcity of female Chief Executive Officers, and fewer yet have written about the relatively low numbers of female executive officers, at U.S. public companies.

This brief essay (an edited version of my remarks offered at the University of Dayton School of Law’s symposium on "Perspectives on Gender and Business Ethics: Women in Corporate Governance") does not endeavor to add to the collective understanding of observed gender disparities in boardrooms and the C-suite — the senior …

Duración Del Directorio, Carlos Molina Sandoval

Carlos Molina Sandoval

La idea de fijar un plazo de duración para la designación del órgano de administración, en cierto modo, ratifica la idea de la periodicidad de su nombramiento. La asamblea debe ratificar sus designaciones, en un claro sentido de brindar el “poder” a los accionistas de elegir a quienes administrarán el patrimonio societario. El art. 257, LSC, bajo el acápite “Duración”, señala que el estatuto precisará el término por el que es elegido, el que no se puede exceder de tres ejercicios salvo el supuesto del artículo 281, inciso d). No obstante el director permanecerá en su cargo hasta ser reemplazado. …