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Australian Franchising Code of Conduct: A Critical Analysis with Current Case Law

The Franchising Code of Conduct (the Code) is a mandatory obligation for all systems operating in Australia, and takes a comprehensive approach to disclosure, relationship laws and dispute issues. Expert author and leading practitioner Peter Buberis takes a critical view of this regulatory framework, evaluating the threads that make up the Code that directs the franchising industry in Australia. Including chapters on the areas of disclosure, good faith, and intellectual property, Buberis takes a comprehensive approach in exploring the Code's development through its consideration and enforcement by the Regulator and the courts. Looking at recent case law, the chapters indicate continuing points of concern about the Code, and give cognisance to a recent Parliamentary review which may enhance its operation if adopted. For professionals in the franchising industry, and anyone looking to understand more about the Code that governs Australia's franchises, this is a comprehensive guide that engages and analyses this key piece of legislature.

Australian Policing: Critical Issues in 21st Century Police Practice

This edited collection brings together leading academics, researchers, and police personnel to provide a comprehensive body of literature that informs Australian police education, training, research, policy, and practice. There is a strong history and growth in police education, both in Australia and globally. Recognising and reflecting on the Australian and New Zealand Policing Advisory Agency (ANZPAA) education and training framework, the range of chapters within the book address a range of 21st-century issues modern police forces face. This book discusses four key themes: Education, training, and professional practice: topics include police education, ethics, wellbeing, and leadership Organisational approaches and techniques: topics include police discretion, use of force, investigative interviewing, and forensic science Operational practices and procedures: topics include police and the media, emergency management, cybercrime, terrorism, and community management Working with individuals and groups: topics include mental health, Indigenous communities, young people, hate crime, domestic violence, and working with victims Australian Policing: Critical Issues in 21st Century Police Practice draws together theoretical and practice debates to ensure this book will be of interest to those who want to join the police, those who are currently training to become a police officer, and those who are currently serving. This book is essential reading for all students, scholars, and researchers engaged with policing and the criminal justice sector.

Australian Policing: Critical Issues in 21st Century Police Practice

This edited collection brings together leading academics, researchers, and police personnel to provide a comprehensive body of literature that informs Australian police education, training, research, policy, and practice. There is a strong history and growth in police education, both in Australia and globally. Recognising and reflecting on the Australian and New Zealand Policing Advisory Agency (ANZPAA) education and training framework, the range of chapters within the book address a range of 21st-century issues modern police forces face. This book discusses four key themes: Education, training, and professional practice: topics include police education, ethics, wellbeing, and leadership Organisational approaches and techniques: topics include police discretion, use of force, investigative interviewing, and forensic science Operational practices and procedures: topics include police and the media, emergency management, cybercrime, terrorism, and community management Working with individuals and groups: topics include mental health, Indigenous communities, young people, hate crime, domestic violence, and working with victims Australian Policing: Critical Issues in 21st Century Police Practice draws together theoretical and practice debates to ensure this book will be of interest to those who want to join the police, those who are currently training to become a police officer, and those who are currently serving. This book is essential reading for all students, scholars, and researchers engaged with policing and the criminal justice sector.

Australian Private International Law for the 21st Century: Facing Outwards (Studies in Private International Law)

A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems.

Australian Private International Law for the 21st Century: Facing Outwards (Studies in Private International Law #16)

A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems.

Australian Restitution Law (Australian Principles)

This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.

Australian Restitution Law (Australian Principles)

This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.

The Australian Study of Politics

The Australian Study of Politics provides the first comprehensive reference book on the history of the study of politics in Australia, whether described as political studies or political science. It focuses on Australia and on developments since WWII, also exploring the historical roots of each major subfield.

Australia's Children's Courts Today and Tomorrow (Children’s Well-Being: Indicators and Research)

The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.

Australia’s Engagement with Economic and Social Rights: A Case of Institutional Avoidance

This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.

The Austrian and Bloomington Schools of Political Economy (Advances in Austrian Economics #22)

The relationship between the Austrian tradition and Bloomington institutionalism has been part of a larger intellectual evolution of a family of schools of thought that coevolved in multiple streams over the last 100 years or so. The Bloomington scholars, once they delineated the broader parameters of their own research program, started to reconstruct, reinterpret, and in many cases simply rediscover and reinvent Austrian insights and themes. As such, they created the possibility of giving those insights and themes new interpretations and new applications, in novel circumstances with new research priorities, in particular, public administration, governance and collective action, and entrepreneurship in non-market settings. Was there a programmatic and explicit effort to recover and reinvent the Austrian tradition? The answer has to be an emphatic ‘no’. But that is precisely the reason why the Ostroms’ work should be interesting to scholars working in the Austrian tradition. The thematic convergence and the compatibility and complementarity between the Austrian and Bloomington schools is driven by their internal underlying theoretical logic and by the logic of problem solving. Upon closer inspection, the underlying familial and genealogical connections reveal themselves again and again. The convergence and interplay between these two intellectual traditions is rich and productive. On the one hand, it stands as a demonstration of the applied relevance of the set of approaches and issues that we traditionally associate with the Austrian tradition. On the other hand, it is a challenge to further explore and elaborate this area. This volume is an attempt to respond to that challenge.

The Austrian and Bloomington Schools of Political Economy (Advances in Austrian Economics #22)

The relationship between the Austrian tradition and Bloomington institutionalism has been part of a larger intellectual evolution of a family of schools of thought that coevolved in multiple streams over the last 100 years or so. The Bloomington scholars, once they delineated the broader parameters of their own research program, started to reconstruct, reinterpret, and in many cases simply rediscover and reinvent Austrian insights and themes. As such, they created the possibility of giving those insights and themes new interpretations and new applications, in novel circumstances with new research priorities, in particular, public administration, governance and collective action, and entrepreneurship in non-market settings. Was there a programmatic and explicit effort to recover and reinvent the Austrian tradition? The answer has to be an emphatic ‘no’. But that is precisely the reason why the Ostroms’ work should be interesting to scholars working in the Austrian tradition. The thematic convergence and the compatibility and complementarity between the Austrian and Bloomington schools is driven by their internal underlying theoretical logic and by the logic of problem solving. Upon closer inspection, the underlying familial and genealogical connections reveal themselves again and again. The convergence and interplay between these two intellectual traditions is rich and productive. On the one hand, it stands as a demonstration of the applied relevance of the set of approaches and issues that we traditionally associate with the Austrian tradition. On the other hand, it is a challenge to further explore and elaborate this area. This volume is an attempt to respond to that challenge.

The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970) (The Common Core of European Administrative Law)

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970) (The Common Core of European Administrative Law)

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Austrian Legal System and Laws

This book provides an introduction to the Austrian state,legal system and laws. It provides a guide to a number of areas of Austrian substantive law, concentrating on the most important areas of public and private law. The book considers in depth, the historical, political, social and economic aspects of the Austrian State to give more background for those coming afresh to Austrian studies. This book will appeal to academic comparative lawyers across a range of disciplines and academics who require fundamental information on the Austrian state and legal systems. It will make attractive supplementary reading on comparative law courses, especially for those students spending a third year in Austria. It will also prove useful for politics and economics or multidisciplinary studies students who study Austria either directly or for comparison with other countries.

Austrian Legal System and Laws

This book provides an introduction to the Austrian state,legal system and laws. It provides a guide to a number of areas of Austrian substantive law, concentrating on the most important areas of public and private law. The book considers in depth, the historical, political, social and economic aspects of the Austrian State to give more background for those coming afresh to Austrian studies. This book will appeal to academic comparative lawyers across a range of disciplines and academics who require fundamental information on the Austrian state and legal systems. It will make attractive supplementary reading on comparative law courses, especially for those students spending a third year in Austria. It will also prove useful for politics and economics or multidisciplinary studies students who study Austria either directly or for comparison with other countries.

The Austro-Libertarian Point of View: Essays on Austrian Economics and Libertarianism

This book covers several areas of economic theory and political philosophy from the perspective of Austrian Economics and libertarianism. As such, it deals with Epistemology and Methodology, Microeconomics, Macroeconomics, Labor Economics, International Economics, Political Philosophy, Law and Public Policy, all from the Austro-libertarian perspective.Hence, this book offers an integrated view of libertarianism and Austrian economics in the light of recent debates in the areas of economic science and political philosophy. Moreover, it builds from the foundations of the Austrian approach (epistemology and methodology), while the latter material deals with its application to the individual from the microeconomic perspective, which in turn allows an exploration of subjects in macroeconomics. Additionally, this work applies Austro-libertarianism to law, politics, and public policy. Thus, it offers a unified view of the entire approach, in a logical progression, allowing the readers to judge this perspective in full.Futerman and Block say that their book is not a manual, which I suppose it is not. But it is a collection of highly pertinent essays, from which you can understand what is mistaken in the orthodoxy of economics, law, and politics. The central term of art in Austrian economics is that phrase “human action.” It is the exercise of human will, not the blind bumping of one molecule against another or one organism against another, as in the physical sciences…Futerman and Block distinguish Austrian economics as a scientific enterprise based on liberty of the will from “libertarianism” as an advocacy based on policies implied by such liberty. “Although Austrian economics is positive and libertarianism is normative,” they write, “this book shows how both are related; how each can support the other.” Indeed they do.Deirdre N. McCloskey, PhDUIC Distinguished Professor of Economics and of History Emerita,Professor of English Emerita,Professor of Communication Emerita,University of Illinois at Chicago

Auswirkungen der Aufsichtsratsvergütung auf die Unternehmensüberwachung: Eine ökonometrische Studie zur Corporate Governance deutscher Aktiengesellschaften (Schriften zu Wirtschaftsprüfung, Steuerlehre und Controlling)

Ralf Winkler untersucht empirisch die Auswirkungen der Aufsichtsratsvergütung auf die Überwachungseffektivität deutscher Aufsichtsratsgremien. Unter Verwendung eines Datensatzes mit Unternehmensinformationen börsennotierter Kapitalgesellschaften der Jahre 2010 bis 2013 gibt er Anhaltspunkte für die Relevanz unterschiedlicher Vergütungsgestaltungen für die Corporate Governance im dualistischen System der Unternehmensverfassung. Es wird gezeigt, dass die vom Deutschen Corporate Governance Kodex in der gegenwärtigen Fassung empfohlene Entlohnungsweise zu einer effektiven Unternehmensüberwachung beiträgt und sich normative Anpassungen in diesem Teil des Regelwerks daher erübrigen.

Auswirkungen der Liberalisierung des Internethandels in Europa auf die Arzneimittelkriminalität

Dieses Handbuch beleuchtet den Internetversandhandel mit illegalen Arzneimitteln über illegale Online-„Apotheken“, der sich zu einem auffälligen Wachstumsmarkt entwickelt hat. Durch die hohen Gewinnmargen und das niedrige Entdeckungsrisiko ist der Handel mit gefälschten Arzneimitteln mittlerweile weitaus attraktiver geworden als der Handel mit Betäubungsmitteln und bietet Potential als Geschäftsfeld der organisierten Kriminalität.Diesem Szenario entsprechend verfolgt das Handbuch bei der Untersuchung internetgestützter Arzneimittelkriminalität einen ganzheitlichen Ansatz, indem eine empirische Aufarbeitung der Täter- und Tatstrukturen in diesem Kriminalitätsbereich ebenso vorgenommen wird wie die Zeichnung des Lagebildes für die Bundesrepublik Deutschland. Im Hauptteil wird die Rechtslage zur Arzneimittelkriminalität in allen 28 EU-Mitgliedstaaten mit schwerpunktmäßiger Berücksichtigung der Aspekte des materiellen Straf- und Prozessrechts rechtsvergleichend aufbereitet, und es werden die einschlägigen internationalen Vorgaben im Bereich der Arzneimittelkriminalität beleuchtet. Außerdem werden zivil- und öffentlich-rechtliche Interventions- und Präventionsalternativen vorgestellt. Nicht zuletzt wird auch eine für die Ermittlungsarbeit entwickelte technische Lösung zur Verfolgung von Arzneimittelstraftaten im Internet vorgestellt. Einschlägige case-studies und eine Szenarioanalyse zur prognostischen Entwicklung der Arzneimittelkriminalität runden die Darstellung ab.Abschließend werden sowohl der Reformbedarf erhoben als auch konkrete Handlungsempfehlungen ausgesprochen, um Konzepte der Verfolgung internetgestützter Arzneimittelkriminalität in Deutschland und Europa zu verbessern und eine breite Datenbasis für den Gesetzgeber zur effektiveren Gesetzgebung zu schaffen.

Auswirkungen des Meeresspiegelanstiegs auf maritime Grenzen (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #279)

Das Buch geht der Frage nach, ob und inwiefern sich meeresspiegelinduzierte Veränderungen der Küstenlinien auch im Verlauf maritimer Grenzen widerspiegeln. Nach Untersuchung der maßgeblichen Vorschriften des Seerechtsübereinkommens (SRÜ) kommt die Arbeit zu dem Ergebnis, dass Veränderungen des Küstenverlaufs Auswirkungen auf maritime Grenzen haben können, das Ausmaß der Veränderung allerdings von der konkreten Art der Grenze und deren Entfernung zur Basislinie abhängt. Global betrachtet birgt die Beweglichkeit der Seegrenzen ein erhöhtes Konfliktpotential, denn sie wird Unsicherheit über bestehende Grenzverläufe verursachen. Seegrenzen sollten daher dauerhaft stabilisiert werden. Der Autor belegt, dass dies auf Grundlage des geltenden Rechts nicht sinnvoll gelingen wird. Nur durch Änderung des SRÜ oder der Herausbildung von neuem Völkergewohnheitsrecht ließe sich verhindern, dass das internationale Seerecht die Folgen des durch den Meeresspiegelanstieg bedingten Landverlusts nicht noch verschlimmert.

Auswirkungen fehlender oder fehlerhafter Beteiligung des Betriebsrats bei der Voraussetzung auf das Einzelarbeitsverhältnis (Forum Arbeits- und Sozialrecht)

Authentic Excellence: Flourishing & Resilience in a Relentless World (Giving Voice to Values)

Never before have the pressures of a comparative and competitive world impacted on our sense of wellbeing, particularly among young adults. Building on the principles of Giving Voice to Values, which honors the complexity and difficulty of leading with our values, this book addresses the unique challenges faced by young adults. It provides a clear process that details how to harness natural wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond mere values clarification, Authentic Excellence helps the reader to develop a deeper relationship with their values and confidently express them, and builds effective coping skills to manage the relentless noise of our comparative and competitive world. Authentic Excellence answers five primary questions: How are young adults affected by this world of relentless change and pressure? Why are young adults vulnerable to a plateau that can negatively affect their resilience? What is the difference between fear-based excellence and authentic excellence and what role do values play in this distinction? What is necessary to move beyond fear-based excellence and why is it so hard? How do you train a deeper level of effectiveness that includes more consistent productivity, fulfillment and resilience?

Authentic Excellence: Flourishing & Resilience in a Relentless World (Giving Voice to Values)

Never before have the pressures of a comparative and competitive world impacted on our sense of wellbeing, particularly among young adults. Building on the principles of Giving Voice to Values, which honors the complexity and difficulty of leading with our values, this book addresses the unique challenges faced by young adults. It provides a clear process that details how to harness natural wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond mere values clarification, Authentic Excellence helps the reader to develop a deeper relationship with their values and confidently express them, and builds effective coping skills to manage the relentless noise of our comparative and competitive world. Authentic Excellence answers five primary questions: How are young adults affected by this world of relentless change and pressure? Why are young adults vulnerable to a plateau that can negatively affect their resilience? What is the difference between fear-based excellence and authentic excellence and what role do values play in this distinction? What is necessary to move beyond fear-based excellence and why is it so hard? How do you train a deeper level of effectiveness that includes more consistent productivity, fulfillment and resilience?

Authentic Excellence for Organizations: Creating Flourishing "&" Cultures (Giving Voice to Values)

Authentic Excellence for Organizations explores organizational culture from a values-based perspective and applies the psychological principles of values-based flourishing to organizations. Integrating the principles of Giving Voice to Values (GVV) and Authentic Excellence (AX), this book provides a process that details how organizations can harness their team’s inherent wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond team-building strategies and programming, this book helps develop confidence in managing the tensions inherent in organizations. It explores: The difference between moral values and personal values; How both can be effectively expressed and managed in organizations; The possibilities of shifting from a fear-based culture of "Or" to an inclusive and values-centred culture of "&"; and How to practically create flourishing "&" cultures using the GVV model. How to create an organizational culture that effectively sustains "&s" like competitive & collaborative, productive & fulfilled, and innovation & tradition. This book is intended for organizational leaders, members, and HR managers looking to develop strong and thriving teams. It also aligns with required or recommended reading for secondary or undergraduate courses that explore values, leadership, organizational development and performance, decision making, ethics, and entrepreneurship.

Authentic Excellence for Organizations: Creating Flourishing "&" Cultures (Giving Voice to Values)

Authentic Excellence for Organizations explores organizational culture from a values-based perspective and applies the psychological principles of values-based flourishing to organizations. Integrating the principles of Giving Voice to Values (GVV) and Authentic Excellence (AX), this book provides a process that details how organizations can harness their team’s inherent wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond team-building strategies and programming, this book helps develop confidence in managing the tensions inherent in organizations. It explores: The difference between moral values and personal values; How both can be effectively expressed and managed in organizations; The possibilities of shifting from a fear-based culture of "Or" to an inclusive and values-centred culture of "&"; and How to practically create flourishing "&" cultures using the GVV model. How to create an organizational culture that effectively sustains "&s" like competitive & collaborative, productive & fulfilled, and innovation & tradition. This book is intended for organizational leaders, members, and HR managers looking to develop strong and thriving teams. It also aligns with required or recommended reading for secondary or undergraduate courses that explore values, leadership, organizational development and performance, decision making, ethics, and entrepreneurship.