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.     

Educational malpractice and setting damages for ineffective teaching: a comparison of legal principles in the USA,England and Australia

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.     

When Do Ideologies Produce Alliances?

Recent research suggests a conditional relationship between states' domestic regimes or ideologies and their alliances. I argue that the likelihood that alliances will form along ideological lines increases with the fear among at least two governments of ideology I that they are threatened by transnational rival ideology J . Understanding the power of demonstration effects—that when J advances in one country it gains credibility in others— I -governments will have an incentive to enter an international agreement to oppose J domestically. Such domestic-security agreements will exacerbate the security dilemma, raising fears among J -governments that I -governments are forming a bloc directed at J and J -governments. J -governments will tend to respond by increasing cooperation among themselves, inducing corresponding fears among I -governments; the coalescing I - and J -blocs will tend to spiral into alliances. I - or J -governments wishing to avoid ideologically based alliances may signal an absence of rollback intentions through various means. I demonstrate this process of alliance formation with a lengthy case study of alliance formation in the Holy Roman Empire in the sixteenth century.     

A Judicial‐Mental Health Partnership to Heal Young Children in Juvenile Court

In this article, we describe the background and issues to be addressed related to dependent children in juvenile court. In an important effort to systematically examine developmental functioning and treatment needs in maltreated and violence‐exposed young children, the Prevention and Evaluation of Early Neglect and Trauma (PREVENT) initiative of the Dependency Court Intervention Program for Family Violence, a national demonstration project in the Miami‐Dade Juvenile Court, developed a program to evaluate all infants, toddlers, and preschoolers who are adjudicated dependent by the court. The goal of the intervention is to raise awareness of the needs of infants and toddlers in juvenile court and to work toward healing the child. The PREVENT program involved the evolution of a judicial‐mental health partnership designed to assist the court in making more informed decisions about the best interest of the child by adding scientific knowledge about development, prevention, intervention, evaluation, and treatment. The outcome of the partnership and multidisciplinary approach is illustrated through presenting a case vignette of a mother and baby showing the challenges and strengths of intervention. Finally, we consider overall outcomes of the intervention and directions for the future.     

Women Offenders and the Gendered Effects of Public Policy1

At 17%, women represent a significant proportion of all offenders under criminal justice supervision in the US. Drawing on the findings from their report, “Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders,” the authors maintain that public policy has ignored the context of women's lives and that women offenders have disproportionately suffered from the impact of ill-informed public policy. This discussion of the implications of gender within the criminal justice system is based on a simple assumption: responding to the differences between women and men in criminal behavior and to their antecedents is critical to gender-responsive policy. Building on the pathway theoretical perspective, we find that in addition to the gendered impact of the war on drugs, policy changes in welfare reform, housing, and other social policy arenas combine to create a disparate impact on drug abusing women and women of color. Key policy areas affecting the lives of women offenders and their children include welfare benefits, drug treatment, housing, education, employment, and reunification with children. We conclude that addressing the realities of women's lives through gender-responsive policy and programs is fundamental to improved outcomes at all criminal justice phases. A blueprint for gender-responsive policy development is described through six guiding principles and their policy implications.     

Breaking Out is Hard to Do: Exit, Voice, and Loyalty in Mexico's One-Party Hegemonic Regime

Theoretically based on Albert O. Hirschman's Exit, Voice, and Loyalty , this study examines three cases of rupture or exit by Mexican presidential contenders, in 1940, 1952, and 1988, and one "noncase," in 1999, with a view to how dissidents' strategies shape political institutions. Mexico's PRI-dominated political system depended on its leaders' ability to create an equilibrium based on mutual incentives to remain loyal to the regime.     

Justice as Fittingness

Law and Philosophy -