Plagiarism litigation trends in the USA and Australia

In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources, along with busy lives and pressures to succeed, may be leading to more frequent incidents of plagiarism. Alternatively, the same information resources and software packages may mean that we are now more able to identify when plagiarism occurs. The following discussion explores not just the traditional issues that have arisen with respect to plagiarism, but also the extended contexts in which plagiarism discussion is taking place in courtrooms, not university staffrooms. We consider issues in common in the two nations, as well as the wider academic community, and distinctive areas of litigation that have arisen in the USA and Australia.     

Posttraumatic Stress Disorder: Current Concepts and Controversies

The diagnosis of posttraumatic stress disorder (PTSD) sometimes is raised in compensation claims, in tort settings, and in other medical–legal settings. Accordingly, health-care and legal professionals working in these areas need to be familiar with the current findings and controversies concerning the disorder. The purpose of this article is twofold. First, we review the most important findings concerning the clinical features, etiology, and treatment of PTSD. Second, we examine six major controversies concerning the disorder that are relevant to psychologists and other medical–legal practitioners: (a) the issue of what qualifies as a traumatic stressor, (b) the question of whether traumatic stress causes brain damage, (c) the validity of the concept of delayed-onset PTSD, (d) the recovered memory controversy, (e) the question of whether PTSD can arise when the person has no memory of the trauma (e.g., due to concussion), and (f) issues concerning PTSD malingering. Throughout this article we offer recommendations for psychological and other medical–legal practice in relation to the evaluation of PTSD claims.     

The legacy of Bismarck

Many mechanisms (such as auctions) efficiently allocate an asset to the firm which values it most highly. But sometimes the asset’s owner may benefit from the transfer only if the asset is not too valuable to potential buyers. In this setting, we examine the efficiency of mechanisms when the potential buyers have private information about the asset’s value. We show that rent seeking, and lobbying, rather than merely wasting resources, can lead to allocations which are close to efficient.     

Policing terrorism in India

Policing terrorism in India is fraught with difficulty. India is a large, heterogeneous democracy that is surrounded by countries experiencing their own intense problems with terrorism. The legal structure, inherited from the colonial past, is struggling to cope with the demands placed upon it by a country of 1.1 billion. India is a federation and this also complicates the structures needed for counter-terrorism. Despite the democratic framework, policing in India is largely an inheritance from the non-democratic colonial past—a past that paid scant regard to the doctrine of separation of powers. Given these problems, India’s performance in policing terrorism has been mixed. We should not look for any early resolution of the problem of terrorism, either through preventive investigation or political amelioration of the issues that contribute to terrorism. But for all of that, India has done well to adhere to its basic democratic norms in the face of what is, by Western standards, a major terrorism problem.     

Justice, at last, in the archetypical patent entitlement dispute

The Court of Appeal has held that Cinpres was not estopped fromsucceeding in its entitlement claim, despite having failed inan earlier claim concerning the related application, and isthe rightful owner of a disputed European patent.