Institutional Integrity Research Articles

Why the Right to Elective Abortion Fails Casey's Own Interest-Balancing Methodology -- And Why it Matters

In Planned Parenthood v. Casey, the Supreme Court reaffirmed the right to elective abortion before viability, but abandoned Roe v. Wade’s characterization of it as a fundamental right that can be overcome only by a compelling state interest. Instead, Casey treats the right to elective abortion as grounded in an interest-balancing that the woman’s liberty interest in terminating her pregnancy outweighs the state’s interest in protecting pre-viable fetal life. Remarkably, however, the Casey Court did not defend that interest-balancing on the merits: indeed, three of the five Justices in the majority expressly declined to explain how they would have decided the interest-balancing question as an original matter. As a result, the majority was forced to rely on stare decisis and related considerations of institutional integrity. In this Article, I engage in the interest-balancing analysis Casey omitted, and argue that the right to elective abortion is unsound in Casey’s own terms. I assume the validity of Casey’s judgment approach to identifying unenumerated rights, including the interest-balancing methodology Casey used to reshape the right to elective abortion. I also assume that Casey (like Roe before it) is correct in characterizing the pre-viable fetus as human rather than as an actual, normatively human being. These are obviously unfavorable premises on which to argue against a right to elective abortion. But that is precisely the point. My thesis is that even when an interest-balancing analysis is conducted on terms generally favorable to recognizing a constitutional right to elective abortion, the state’s interest in protecting the life of the pre-viable fetus prevails.I make that case through a close reading of Casey, careful descriptions and comparisons of the competing state and individual interests, and a concise analysis of the treatment of abortion – and of fetal life generally – in the Anglo-American legal tradition. As to precedent, I argue that a majority of the Justices in Casey believed that the state’s interest in protecting fetal life outweighs the woman’s interest in an elective abortion, and that their judgments should carry appreciable weight because they dictated Casey’s reliance on stare decisis. As to the competing interests, I acknowledge that the woman’s interest is entitled to great weight, but argue that the fetus’s inherent, self-directing potential to develop into a normatively human being should lead us to assign even greater weight to protecting its life – and its future. As for history, building on the scholarship of Joseph Dellapenna and others, I argue that the Anglo-American legal tradition has always protected the lives of fetuses once they could be known to be alive – initially at quickening, and throughout pregnancy once the basic facts of embryology were discovered in the 19th century. Precedent, reasoned evaluation of the competing interests, and tradition all point toward the conclusion that the state’s interest in protecting pre-viable fetal life outweighs the woman’s interests in terminating her pregnancy and ending that life. Viewed as a contribution to reproductive-rights scholarship, my analysis develops a line of argument that differs markedly from most scholarship challenging the right to elective abortion, which either denies the legitimacy of unenumerated rights not anchored in tradition, or disputes the Court’s assumption that the pre-viable fetus cannot be shown to be a normatively human being. Viewed as an argument the Supreme Court should consider, my analysis suggests that the Justices who adhere to the right to elective abortion as a matter of stare decisis should join forces, as they did in Gonzales v. Carhart, with the Justices who would overturn the right to elective abortion, and should expressly hold that the state’s interest in protecting the pre-viable fetus outweighs the woman’s interest in an elective abortion, even assuming stare decisis requires preserving the right to elective abortion. Doing so would prevent the erroneous constitutional on which the right to elective abortion now rests from distorting the Court’s consideration of related issues involving state regulation that seeks to protect post-conception fetal life (such as laws restricting the destruction of cryopreserved embryos). It would also provide a more secure and convincing foundation for interpreting Casey’s undue-burden standard, as Gonzales v. Carhart sought to do, to give very substantial (though not unlimited) leeway to state regulation protective of pre-viable fetal life.

Changes in Seventeenth-Century Korean Buddhism and the Establishment of the Buddhist Tradition in the Late Chosŏn Dynasty

Korean Buddhism during the Chosŏn period (1392–1910) has been characterized as a religion whose institutional integrity and philosophical vigor severely declined due to the state policy of oppression. Since such a negative description was promulgated by Japanese scholars during the colonial period, it has been adhered to even by postcolonial era Korean scholars. This article is an attempt to redress such a stereotypical understanding of Korean Buddhism, especially that of the late Chosŏn period, and to bring to light its real nature from a historical perspective. As for the factors that contributed to the enhancement of Chosŏn Buddhism’s status, we may adduce some changes in the institutional and social settings. During the years 1550 to 1566, the traditional system of the Sŏn and Kyo schools was restored and government regulations for clerical ordination and the state examination for monks were also reinstated. During the Imjin War, the monastic armies’ military achievements led to the enhancement of their social status. Thereafter, the government publicly utilized their corvee labor, and the Buddhist institution came to receive state support. In the early seventeenth century, along with the rearrangement of religious institutions, various lineages and branches were established and an economic foundation for managing their monasteries was secured. The Buddhist circle in this period proclaimed their self-identity by determining the dharma lineages and established systems for monastic education and practice through combining the practice of meditation and doctrinal studies, in which kanhwa Sŏn took precedence.

Österreichs Archive unter dem Hakenkreuz ed. by Sabine Bohmann (review)

Reviewed by: Österreichs Archive unter dem Hakenkreuz ed. by Sabine Bohmann Katherine Arens Sabine Bohmann, ed., Österreichs Archive unter dem Hakenkreuz. Ed. Directorate of Mitteilungen des Österreichischen Staatsarchivs 54. Innsbruck: Studienverlag, 2010. 740 pp. This volume is part of the series of publications of the Austrian State Archive, inspired by a new generation of research on archives that started with the 2005 75. Deutsche Archivtag in Stuttgart (documented in Robert Kretzschmar et al., eds., Das deutsche Archivwesen und der Nationalsozialismus: 75. Deutscher Archivtag in Stuttgart, Essen 2006). On the surface, what it offers is a history of the nation’s archives between 1938 and 1945; in practice, this superb collection of essays by the current administrators of Austria’s national and province-level archives opens nuanced pictures of the pressures and problems confronted by archives and archivists—both well-meaning and dutiful as well as mendacious and tendentious ones—in confronting the challenges and catastrophes of their nation’s history in the context of the Third Reich. The art of this book is the great precision with which each story is told—each archive is different in nature, and its holdings were gathered, used, repurposed, and reused differently as World War II changed and to varying degrees destroyed their histories, missions, and holdings. Overall, as an account of the fate of cultural patrimony, it is as impressive as Lynn H. Nicholas’s The Rape of Europa: The Fate of Europe’s Treasures in the Third Reich and the Second World War (Knopf, 1994) is about Europe’s art treasures. The procrustean bed for all these stories was the Nazi regime’s 1940 creation of the Vienna Central Archive (Reichsarchiv Wien)—in no small part for the purpose of managing Austria’s history as it was integrated into the Third Reich. The volume’s first section addresses the Zentralarchive in eight individual contributions. After the briefest of introductions by Lorenz Mikoletzky, the first two of these outline the general situation in which Austria’s archives and archivists on the national level found themselves: Rudolf Jeřábek, “Das Wiener Reichsarchiv. Institutions- und kompetenzgeschichtliche Entwicklung 1938–1945” (11–71), and Hartmut Weber, “‘Heimkehr ins Reich’ unter Erhaltung der Selbständigkeit?: Ludwig Bittners verlorener Kampfum eine Generaldirektion der österreichischen Archive” (73–102). The creation of that archive, which never really functioned but disrupted so many other entities, is told here from two perspectives. The first is the story of the planning and execution of the consolidation of several individual archives into one entity, nominally under the Ministry of the Interior (Haus-, [End Page 150] Hof- und Staatsarchiv [HHStA], Staatsarchiv des Innern und der Justiz, Hofk ammer-, Finanz- und Unterrichtsarchiv; the Kriegsarchiv had been consolidated in part with the German equivalent into a Heeresarchiv). The second story concerns the director of the HHStA, Ludwig Bittner, a National Socialist sympathizer who did not hesitate to use the Nazi takeover as an excuse to centralize Austria’s archives—but who ultimately failed; Bittner could not maintain his institutional integrity, as the Gau administrative system mitigated against complete centralization. These stories are amplified in five additional pieces (one each on the HHStA, the Staatsarchiv des Innern und der Justiz, the Hofk ammerarchiv, the Heeresarchiv Wien, and the Verkehrsarchiv). Each explains the dimensions of the holdings, their original purposes, and what particular pressures the Nazi regime and their own keepers put on them, especially in the area of nazification of personnel. The most interesting case for general cultural study is that of the Hofk ammerarchiv, whose archivist Franz Stanglica joined the ss in 1940 to help with the battle for “the people” and who did research in government documents and legal precedent in the area of resettlement for the Nazi government. The final piece in this section, by Rudolf Jeřábek, speaks “Zu den Anfängen des Österreichischen Staatsarchivs 1945–1948” (319–386), discussing the situations of the component archives, their messy and partial reorganization that complicated postwar efforts, and what needed to be done given the extensive damage to the archives’ integrity and holdings: to salvage them from damaged buildings and storerooms and to reclaim what had been scattered to other archives as part of the Nazi plans...

Restoring Institutional Integrity in the Wake of Sexual Boundary Violations

It is widely acknowledged that sexual boundary violations by a faculty member at an analytic institute damage the local analytic community in ways that can reverberate for years. Yet little has been written about the process of institutional recovery. With one exception, a paper published after the major protagonists had died, no actual case studies are to be found in the literature. In 2010 a senior training analyst at a psychoanalytic training program abruptly resigned under the cloud of a presumed sexual boundary violation. Seventeen months later, an APsaA Committee on Institutes site visit presented a unique opportunity to study the institutional trauma and recovery process as they unfolded. This report highlights the importance of recognizing and working through the expectable institutional resistance to processing the trauma. This enables a sensitive response to the various constituencies that have been affected and allows the integrity of the institute to be restored.

Studying the Relationship between Organizational Health and Organizational Commitment : Case Study : Mehr Housing Cooperative Companies in Shoushtar City

This study has done to surveying relationship between organizational health with seven dimensions (institutional integrity, principal influence, consideration, initiating structure, resource support, morale and academic emphasis) and organizational commitment with three dimensions affective, continuous, and normative commitment). We determined the amount of the sample size with the used of Cochran sampling method which the statistical sample is 130 of Mehr housing cooperative company managers which have been selected through the simple random sampling method. To gathering of data, we used a questionnaire in organizational health according to Hoy & Feldman (1987) and organizational commitment according to Allen & Meyer (1990). Questionnaire reliability was estimated by calculating Cronbach’s Alpha that was 0.92. In order to analyze the data resulted from collected questionnaires deductive and descriptive statistical methods are used. The results Kolmogorov-Smirnov Test shows the test distribution is not Normal. So we can use Spearman Correlation coefficients to test the hypothesis of the research. Findings confirm our hypothesis (H1) and we find a strong positive and meaningful relation between organizational health and organizational commitment at Mehr housing cooperative companies’ managers in Shushtar City.

Plagiarism: A Complex and Controversial Form of Academic Misconduct

The increasing complexity of life in today’s world sheds new light upon academic life in general and on individual and institutional integrity in particular. For this reason, episodes of academic misconduct should be a matter of utmost concern for individuals, groups, and institutions. Plagiarism represents a complex and often controversial form of academic misconduct. Beyond its intricacy, dealing with the detection and elimination of plagiarism could be used as a tool in ethical training for people in academia, starting with students and ending with any other professional from the academic institutions, including management. Herein, the complexity of plagiarism is approached by identifying the causes that could explain it in terms of human habits and institutional concerns. Peculiarities of plagiarism and self-plagiarism in research, teaching, and student assignments are highlighted to explain the any form of plagiarism are discussed, and guidelines are suggested to encourage personal upright behavior and institutional action to discourage such incidents in the future.

The Moral Component of Institutional Work: The Impact of Actors’ Efforts on Institutional Integrity

We investigated how the institutional work of actors impacts institutional integrity. We fused arguments from institutional theory with Alastair MacIntyre’s general theory on goods, virtue, practic...

Naruc as Network: A Perspective on the U.S. Regulatory Policy Community

While much has been written about network industries, somewhat less attention has been paid to the policy networks among regulators themselves. Networks serve the collective and individual interests of members through professional socialization, capacity development, and institutionalization. Regulatory networks are particularly valuable if they help address information asymmetry, an inherent strategic advantage of regulated firms. Given potential tradeoffs associated with networking, regulatory networks must be vigilant about protecting institutional integrity. The history and culture of U.S. regulation are inextricably tied to the National Association of Regulatory Utility Commissioners (NARUC). This paper presents an historical and cultural account of ‘NARUC as network’ and offers a perspective for thinking about regulatory policy networks generally.

The Future of the UNFCCC: Adaptation and Institutional Rebirth for the International Climate Convention

On the twentieth anniversary of the negotiation of the United Nations Framework Convention on Climate Change (UNFCCC) and the fifteenth anniversary of the negotiation of the Kyoto Protocol to the UNFCCC, it is time for the global community to reflect on the future of our system of global climate governance. This article argues that the valiant efforts of the global community to negotiate a post-Kyoto treaty system have arrived at a crossroads and that instead of focusing on finding the single “right” pathway forward, there is a need to pursue multiple pathways. The conventional wisdom that we need one, consensus-based, comprehensive treaty is wrong or – more accurately – woefully incomplete. There is a continuing need for an international, top-down system that defines the parameters of global goals, obligations and relationships. However, the optimistic vision of this top-down system as a great enabling device is no longer viable. Multilateralism and multilateral legal mechanisms remain essential. Yet, regardless of when a new international climate agreement emerges or what form it takes, it will be too little and too late unless there exists a web of multi-level, multi-scale systems to give meaning and life to its provisions. Focusing on adaptation, this article suggests that diversifying international efforts to support a more multifaceted system of climate governance is a matter of efficacy and institutional integrity. In key part, the article concludes that in order to move forward with efforts to address climate change and, in particular, adaptation, the UNFCCC must embrace institutional reform and find ways to more effectively orchestrate the emerging multi-level governance system.

Open Justice: Concepts and Judicial Approaches

Recent years have seen an increase in the number and scope of non-publication orders and other limits on open justice, an increase in the number of statutes that regulate or threaten open justice and the articulation of an Australian constitutional principle (of institutional integrity) that has the potential to protect some aspects of open justice. The purposes and values of open justice are, however, rarely examined in a comprehensive or theoretically-informed manner. This article provides a theory of open justice which accounts for its heterogeneous nature. Australian judicial approaches to the substance, limits and constitutional dimensions of open justice are analysed in light of the purposes and values of open justice, and a comparison with the much more coherent Canadian approach is supplied. The author concludes that threats to open justice are best managed by an analytical framework which systematically identifies both the benefits of open justice and the countervailing values that are at stake in a given case, and which seeks to provide maximum protection to all of these values on a case-by-case basis.

Open Justice: Concepts and Judicial Approaches

Recent years have seen an increase in the number and scope of non-publication orders and other limits on open justice, an increase in the number of statutes that regulate or threaten open justice, and the articulation of an Australian constitutional principle (of institutional integrity) that has the potential to protect some aspects of open justice. The purposes and values of open justice are, however, rarely examined in a comprehensive or theoretically-informed manner. This article provides a theory of open justice which accounts for its heterogeneous nature. Australian judicial approaches to the substance, limits, and constitutional dimensions of open justice are analyzed in light of the purposes and values of open justice; and a comparison with the much more coherent Canadian approach is supplied. The author concludes that threats to open justice are best managed by an analytical framework which systematically identifies both the benefits of open justice and the countervailing values that are at stake in a given case, and which seeks to provide maximum protection to all of these values on a case-by-case basis.

Attributes and Attribution of State Courts — Federalism and the Kable Principle

‘State courts’ can be understood in at least two ways. Their ‘attributes’ are the characteristics that define them as ‘courts’. Their ‘attribution’ is the extent to which they are regarded as emanations of a ‘state’ in its constitutional conception as a constituent unit of the federation. The principle first articulated in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 ensures the institutional integrity of state courts by protecting from legislative impairment their defining characteristics as ‘courts’. It therefore understands state courts almost exclusively by their ‘attributes’. This article examines the significance to the Kable principle of also understanding state courts by their ‘attribution‘. There are different conceptions of the proper attribution of state courts, coincident with different visions of how to accommodate simultaneous constitutional commitments to autonomous states and integrated courts. Those conceptions influence the content and application of the Kable principle in ways that are insufficiently appreciated. This insight permits a new perspective on the Kable principle as a doctrine of federalism, and its recent applications in International Finance Trust Co Ltd v NSW Crime Commission (2009) 240 CLR 319; Kirk v Industrial Court (NSW) (2010) 239 CLR 531; South Australia v Totani (2010) 242 CLR 1; and Wainohu v New South Wales (2011) 243 CLR 181. It also prompts an analysis of a contemporaneous evolution in the constitutional policy of the Commonwealth, whose Attorney-General typically intervened in Kable cases in support of the states, until recently seeking to extend to them certain Chapter III limitations.

Attributes and Attribution of State Courts — Federalism and the Kable Principle

'State courts' can be understood in at least two ways. Their 'attributes' are the characteristics that define them as 'courts'. Their 'attribution' is the extent to which they are regarded as emanations of a 'state' in its constitutional conception as a constituent unit of the federation. The principle first articulated in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 ensures the institutional integrity of state courts by protecting from legislative impairment their defining characteristics as 'courts'. It therefore understands state courts almost exclusively by their 'attributes'. This article examines the significance to the Kable principle of also understanding state courts by their 'attribution'. There are different conceptions of the proper attribution of state courts, coincident with different visions of how to accommodate simultaneous constitutional commitments to autonomous states and integrated courts. Those conceptions influence the content and application of the Kable principle in ways that are insufficiently appreciated. This insight permits a new perspective on the Kable principle as a doctrine of federalism, and its recent applications in International Finance Trust Co Ltd v NSW Crime Commission (2009) 240 CLR 319; Kirk v Industrial Court (NSW) (2010) 239 CLR 531; South Australia v Totani (2010) 242 CLR 1; and Wainohu v New South Wales (2011) 243 CLR 181. It also prompts an analysis of a contemporaneous evolution in the constitutional policy of the Commonwealth, whose Attorney-General typically intervened in Kable cases in support of the states, until recently seeking to extend to them certain Chapter III limitations.

Opening-Up Higher Education in Emerging Economies: Autonomy and Integrity on the Rise of Globalization

We focus this paper on higher education systems and related public policies in emerging societies and developing regions worldwide and observe that effective institutional autonomy and integrity of modern universities are to be promoted in a context where building human capital is a priority and alliances and partnerships among universities worldwide, as well as between them and industry, gain significant relevance. For those societies and regions, our analysis identifies ten different themes oriented towards norms that may be helpful in guiding the development of higher education systems and related public policies.

The Proportionality Principle and the Kable Doctrine: A New Test of Constitutional Invalidity?

In Kable v Director of Public Prosecutions (NSW) the High Court of Australia declared that the requirements of Chapter III of the Australian Constitution prohibited a State legislature from conferring powers on a State court that were repugnant or incompatible with their status as repositories of federal judicial power. This was a significant constitutional watershed; it had never previously been suggested that the protections contained in Chapter III applied to State courts. Recent applications of Kable, however, have given rise to concerns that the principles to be derived from that case are unclear. This is a serious deficiency given that State legislatures, not bound by a separation of powers doctrine at a State level, may choose to confer important decision-making functions on non-judicial bodies. This article explores whether a bipartite inquiry, such as that employed in the rights jurisprudence in both England and Strasbourg, may clarify the meaning and scope of the principle enunciated in Kable. It commences by formulating a mode of inquiry which is intended to assist courts in determining whether a legislative act impairs the institutional integrity of a State court. It then argues that the principle of proportionality should be employed to determine whether a prima facie impairment may nonetheless be excusable. Such a conclusion would be reached where it can established that the legislative act is necessary in a democratic society, in the sense that it addresses a pressing social need. The introduction of this limited ground of justification promotes greater clarity and ensures that an appropriate balance is maintained between State legislative autonomy and the institutional integrity of State courts.

A Study of Teachers’ Perception of Schools' Organizational Health in Osun State

This study examined the teachers’ perceptions of school organizational health (i.e. resource support, job satisfaction among staff, morale boosts, institutional integrity and initiating structure). Descriptive survey design was used for the study. The sample was composed of 330 secondary school teachers randomly selected from 283, 826 secondary school teachers in Osun State. Data collected was subjected to t-test analysis. It was found that that there is higher homogeneity within the group of male and female secondary school teachers and public secondary school teachers have a higher perception than their private counterpart. In conclusion, governments at various levels who are the proprietor of public schools have the best of teacher who are committed to having good organizational health in the schools. Thus, with little motivation and encouragement this commitment to good organizational health could be transformed into commitment to work and thus, leading to better academic performance of students in the public schools.

EU Enlargement and the Emboldening of Institutional Integrity in Central and Eastern Europe: The ‘Tough Test’ of Public Procurement

AbstractEU enlargement and the incorporation of the acquis communautaire are widely seen as successful and emboldening the integrity of political, administrative and legal institutions in Central and Eastern Europe (CEE). The analysis reported here describes the specific problems associated with affirming institutional integrity in the field of public procurement, which constitutes a ‘tough test’. Public procurement is namely an area where the acquis swiftly gained pre‐eminence in accession states, but whose complex regulations depend on a well‐functioning judiciary, effective administrative supervision and limited corruption. The experience in Poland and Bulgaria, countries that represent different stages of institution building in this area, is compared. The results suggest that an EU‐compatible public procurement regime is being consolidated throughout the CEE region. At the same time, that regime may only work well when boundaries between institutional subjects, as well as between the spheres of law, politics and economics, are upheld in post‐communist countries.

PRINCIPLES OF INTELLIGENT URBANISM AS THE CONCEPTUAL BASIS OF FOREIGN TOWN PLANNING

Article shows 10 principles of Intelligent Urbanism, that form the basis of contemporary town planning theory. Principles give the opportunity to work out strategies for urban development, that cover questions of historical heritage, social integration, safe streets, sustainability of engineering systems and context-appropriate architecture, effective redevelopment of brownfields and ecological balance. The institutional integrity (principle 10) is one of the most important criterions of achievement. Much attention is given to the problem of urban community creation (principle 4) and public space formation facilitating communication and interaction between citizens on different levels.

Corporate Powers and Political Speech - Implications for Korea of Recent US Supreme Court Decisions (Korean)

Citizens United v. FEC made almost every US lawyer, politician and scholar worried or triumphal. Corporations would reign over campaign scenes with corruptions, citizens would lose interest in the democratic process, and shareholders would have no control over management decisions on independent expenditure for political speech, many predicts. Corporations can exercise their freedom of speech to opine on political issues, campaign finance law is coherent and predictable, and shareholders shall monitor the management by fighting against the management or divestiture, winners boast. Several bills are pending at US Congress to prevent foreign governments' influence and make the corporate expenditure more transparent. Contrary to the situation in the US, Korean law completely prohibits any corporate contribution or expenditure since 2004. In 2006, the Constitutional Court in Korea rejected a challenge without reviewing the merits of the arguments. Thus, politicians have been financing campaign through individual's contribution, supports from the party, and private sources, part of which were reimbursed by the national election commission. This paper is to review the conflicting visions surrounding Citizens United decision in the United States and apply them to the situation in Korea as it needs more open discussion about this sensitive, but unavoidable issue. What freedom of speech means in a given political society would largely be determined by the history and wording of that constitution. To what extent courts defer to the political determination of the legislative branch also would be decided by the institutional integrity they have built up and prospective response from the ruled. Nonetheless, as Korea has been continuously moving towards a more democratic society, coordination and consensus-building through the political process is becoming more important. Corporations should not be cast away simply because of the possible corruption. Rather, considering the economic importance of corporate entities in national economy, they should be able to participate in the political process and share the cost pertinent thereto in an open and candid manner. I suggest Korean laws be changed to allow corporate contributions and expenditure up to a certain limit like an individual. As a control mechanism, they should be disclosed and reviewed by shareholders, however. Any violators of the rules would be criminally sanctioned. If political consensus needs more time, it might not be too early to discuss this issues more maturely and practically among scholars and politicians.

The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even ‘Down Under’

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence.