Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court

Some scholars argue that the author of the majority opinion exercises the most influence over the Court's opinion-writing process and so can determine what becomes Court policy, at least within the limits of what some Court majority finds acceptable. Other students of the Court have suggested that the Court's median justice effectively dictates the content of the majority opinion: whatever policy the median justice most wants, she can get. We test these competing models with data on Supreme Court decision making during the Burger Court (1969–86). While we find substantial evidence for both models, the agenda control model gains greater support. This suggests that opinions on the Court on each case are driven, in general, by the interaction of three key variables: the policy preferences of the majority opinion author, the policy preferences of the median justice, and the location of the legal status quo .     

PARLIAMENTARY COMMITTEES,PUBLIC SERVANTS AND DUE PROCESS

Abstract: The parliamentary system of government in its Australian form has a number of unresolved problems, notwithstanding its many virtues. One such problem is that of the role of public servants when called before parliamentary committees as witnesses. The current guidelines are mainly advice to public servants as to how they should avoid or defer questions which neither the minister nor the departmental secretary has authorised them to answer. Of course, this is useful and proper within its limits. However, it fails to address many of the dilemmas and career-threatening choices which can face public servants who find themselves being questioned in an aggressive, hostile manner by members of a parliamentary committee. Unfair treatment of witnesses is not a trivial matter and there are more than isolated instances. This article deals with an episode involving the Joint Parliamentary Committee of Public Accounts in 1982. The case is now some years in the past, but it is still worth examining for what it teaches about gaps in our constitutional conventions. At the end of the article we suggest action in four areas. Intensive training and retraining is needed, first in the upper ranks of the public service, and secondly for chairpersons and members of parliamentary committees. Thirdly there is a need for MAB-MIAC to revisit yet again their guidelines on accountability and to instigate a review of the government's guidelines for public servants appearing as witnesses. Both sets of guidelines are anachronisms. Finally, we suggest that, in any future review of government policy in this area, consideration be given to the amendment of relevant legislation to bring due process and the protection of witnesses more closely into line with the rights available to persons appearing before a court.     

Chinese migrant women and families in Britain

This article examines the mode of understanding and experiences of family relationships of Chinese migrant women in Britain. In contrast to much existing research work on the patterns and experiences of postwar settlement of unskilled Chinese male labourers in Britain, the focus here is on the life stories of 41 Chinese women with different migration trajectories and varying economic and cultural capital. Their oral testimonies reveal Chinese women's diverse expectations and experiences of migrant family relationships and their different strategies to achieve self-fulfillment both within and outside the confines of the migrant family. For some women, migration brings opportunities for a fulfilling and independent lifestyle. They are successful in negotiating their way around and sometimes out of their initial familial and social position. For others, they bear the disproportionate cost and labour of familial strategies of advancement and remain vulnerable to the most constraining aspects of diasporic existence.     

Enantiomeric separation of methamphetamine and related analogs by capillary zone electrophoresis: intelligence study in routine methamphetamine seizures

A method for simultaneous enantiomeric separation of ephedrine, pseudoephedrine, and methamphetamine (MA) in a single run by simple capillary zone electrophoresis (CZE) with beta-cyclodextrin as a chiral selector is described. The effects of the buffer pH, phosphate concentration, beta-cyclodextrin concentration, voltage and temperature on the peak resolution were examined. Good enantiomeric resolution was attained for each analyte under our optimized conditions: 15 mM beta-cyclodextrin, 300 mM NaH2PO4 at pH 2.5 with an uncoated capillary (64.5 cm x 50 microm), applied potential at 20 kV and temperature at 30 degrees C. Ultraviolet (UV) detection at a fixed wavelength (200 nm) was employed using a diode array detector. Using phentermine as an internal standard, migration times for all analytes are reproducible within 0.16% for intra-day and 0.6% for inter-day runs. Application of this method to the analysis of confiscated drugs is discussed.     

Estimation of body exposure to explosion

An ordnance-disposal expert was killed while disposing of a cache of explosives. The likely position of the body was reconstructed by modeling the explosion as an omnidirectional emission of particles from a model of the explosion site and noting the distribution of particles on a model of a human. The applications and limitations of this method in reconstructing the events and correlation with the injuries noted at autopsy are discussed.     

Australian Antecedents of the Third Way

New Labour theorists have been prone to identify American New Progressivism as the proximate source of 'third way' ideas. In this article we argue that, if the focus is on the governing practice rather than on the naming of a governing orientation, a case can be made for seeing Australian Labor in government from 1983 to 1996 as a progenitor of third way thinking and as a specific source of New Labour policy development in a number of areas. Taking Stuart White's account of the main dimensions of third way programmatic realignment as our guide, we discuss the success of the Hawke/Keating Labor governments in reducing the direct provider role of state, developing new forms of collective provision, reforming the tax system, making social policy more employment-friendly and creating the institutions of an asset-based egalitarianism. We conclude by pointing out that, whilst there are many common themes in Australian Labor practice and New Labor rhetoric, and some evidence of specific policy transfer from one to the other, a plausible case can also be made for seeing many of the policy initiatives of the Hawke/Keating era as a reworking of an older Australian Labor tradition of regulatory state activism.