Law Reform Proposals Research Articles

Corporate Takeovers: Law Reform and Theory - Is the Minority Shareholder Being Disadvantaged?

Peter Little is Professor in the Business Law Faculty at the Queensland University of Technology. He has extensive experience in the legal aspects of corporate takeovers. He has lectured in this area for the last twenty years (including on occasions at Bond University) and has contributed to the CASAC and the Simplification Task Force proposals for corporate takeover law reform. He has also acted as a consultant to parties involved in takeovers on a number of occasions. Law of Company Takeovers is the culmination of this extensive experience. It provides the most thorough coverage of the corporate law aspects of takeover regulation in an Australian textbook to date. This book review is available in Bond Law Review: http://epublications.bond.edu.au/blr/vol9/iss2/7

Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform

The author examines the growing trend towards the use of alternative dispute resolution in environmental conflicts. She surveys the state of ADR-related legislation in Canada and makes a proposal for law reform in this field. Her first objective is to define commonly-used ADR terminology. She considers the question, "how does ADR fit into the law and environmental disputes?" The author then looks at the alternatives for ADR and environmental law reform. There are two conflicting sets of values here. The first is that institutionalization of ADR (through legislation) would provide a clear and concrete mechanism for enforcing agreements, and thereby level the playing field for all parties. The other viewpoint is that workable legislation may be impossible to draft and that the strength of ADR is its ad hoc nature. The author favours the "institutional," or legislative approach to ADR reform and development She then surveys existing legislation, which is of two types: "ADR-specific" and "ADR-inclusive." Following this critical review, the author makes specific recommendations for future ADR/environmental law reform initiatives.

Employment, HIV and AIDS: Proposals for Law Reform

Employment, HIV and AIDS: Proposals for Law Reform

Computer misuse: Law reform proposals

Computer misuse: Law reform proposals

Intellectual property and innovation: A comment on the United Kingdom white paper on patent law reform

The article gives a brief summary of the U.K. government's proposals for patent law reform in the White Paper entitled Intellectual Property and Innovation (Cmnd 9712). It questions whether the proposed ‘hiving-off’ of the Patent Office to make it a statutory non-departmental public body is necessary, and, whilst welcoming the acceptance of the lack of awareness of the significance of intellectual property, does not consider that the proposals to improve awareness will be effective. The proposals that the Patent Office should help match manufacturing capability with inventions available for licence and that it should exploit more effectively the national resources of its databases are seen as not warranted in view of the lack of evidence that the existing private organisations operating in these fields are inefficient. The decision not to introduce a system of registered inventions is seen as wise, but the proposal not to institute a procedure for the re-examination of granted patents is regretted. It is felt that the White Paper is valuable in that it will cause serious reflection on the patent system and its integration into the wider world of innovation protection.

The Legislative Implementation of Law Reform Proposals

The Legislative Implementation of Law Reform Proposals

THE “NEW ADMINISTRATIVE LAW”: SOME ASSUMPTIONS AND QUESTIONS

Abstract: Sweeping changes in administrative review legislation and procedures have occurred in Australian Federal government very quickly and with little debate. There have been several assumptions underlying the proposals for administrative law reform, including the notions that government has expanded greatly, that it has intruded into citizens' lives, that it is scarcely restrained by parliament, and that the specialist administrative tribunals established at various times are only partly effective. While these assumptions are all correct in certain respects, they do not necessarily support the demands for administrative law reform in the manner and to the extent that has generally been proposed. Closer examination of these assumptions suggests that comprehensive administrative review might itself lead to further expansion of government; that political decisions will have to be made about degrees of intrusion by government; that political avenues for redress of grievances should not be ignored, and could possibly be developed further; and that the need to prevent administrative errors is at least as great as the need to correct them after they have occurred. There is a good case for comprehensive administration review, but it needs to be examined more closely so that future problems can be anticipated and avoided.

LAW REFORM PROPOSALS: The Government's Working Papers on Employment Protection Legislation

LAW REFORM PROPOSALS: <i>The Government's Working Papers on Employment Protection Legislation</i>

Examining employer proposals for labour law reform: an American perspective

The article examines proposals advanced by enzpluyer organisations for labour law reform, which they claim is modelled on, among others, the American system. The article demonstrates that those claims are seriously flawed and are based on an incomplete and inaccurate understanding of the functioning of the Anzerican and other systems.

An Administrative Division of the New Zealand Supreme Court - A Proposal for Law Reform

Few lawyers in any country are satisfied with the existing arrangements for curial review of the decisions of administrative tribunals. The author examines the steps being taken in New Zealand to strike a better balance between administrative needs and the protection of the citizen. He proposes that an Administrative Division of the Supreme Court be established.

Health aspects of the poor law reform proposals

Health aspects of the poor law reform proposals