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.     

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.     

The detection and enhancement of latent fingermarks using infrared chemical imaging

The use of a new technique, Fourier transform infrared (FTIR) chemical imaging, has been demonstrated for the enhancement of latent fingermarks on a number of surfaces. Images of untreated fingermarks on glass backgrounds with excellent ridge detail were acquired using infrared chemical imaging. High quality fingermarks on glass backgrounds were also developed using ethyl cyanoacrylate (super glue) fuming and subsequent infrared chemical imaging. This new method allows the collection of images from backgrounds that traditionally pose problems for current fingermark detection methods. The background may, for example, be highly colored, have a complex pattern, or possess other pattern or image characteristics that make it difficult to separate fingermark ridges using traditional optical or luminescent visualization. One background that has proven to be a challenging surface for the development of latent fingermarks is the Australian polymer banknote. To demonstrate the power and applicability of infrared chemical imaging, fingermarks fumed with ethyl cyanoacrylate were successfully imaged from Australian polymer banknotes.     

The relationship between performance on the standardised field sobriety tests, driving performance and the level of Delta9-tetrahydrocannabinol (THC) in blood

The consumption of Delta9-tetrahydrocannabinol (THC) as cannabis has been shown to result in impaired and culpable driving. Testing drivers for the presence of THC in blood is problematic as THC and its metabolites may remain in the blood for several days following its consumption, even though the drug may no longer have an influence on driving performance. In the present study, the aim was to assess whether performance on the standardised field sobriety tests (SFSTs) provides a sensitive measure of impaired driving behaviour following the consumption of THC. In a repeated measures design, 40 participants consumed cigarettes that contained either 0% THC (placebo), 1.74% THC (low dose) or 2.93% THC (high dose). For each condition, after smoking a cigarette, participants performed the SFSTs on three occasions (5, 55 and 105 min after the smoking procedure had been completed) as well as a simulated driving test on two occasions (30 and 80 min after the smoking procedure had been completed). The results revealed that driving performance was not significantly impaired 30 min after the consumption of THC but was significantly impaired 80 min after the consumption of THC in both the low and high dose conditions. The percentage of participants whose driving performance was correctly classified as either impaired or not impaired based on the SFSTs ranged between 65.8 and 76.3%, across the two THC conditions. The results suggest that performance on the SFSTs provides a moderate predictor of driving impairment following the consumption of THC and as such, the SFSTs may provide an appropriate screening tool for authorities that wish to assess the driving capabilities of individuals suspected of being under the influence of a drug other than alcohol.     

A laboratory incubation method for determining the rate of microbiological degradation of skeletal muscle tissue in soil

A controlled laboratory experiment is described, in principle and practice, which can be used for the of determination the rate of tissue decomposition in soil. By way of example, an experiment was conducted to determine the effect of temperature (12 degrees, 22 degrees C) on the aerobic decomposition of skeletal muscle tissue (Organic Texel x Suffolk lamb (Ovis aries)) in a sandy loam soil. Measurements of decomposition processes included muscle tissue mass loss, microbial CO2 respiration, and muscle tissue carbon (C) and nitrogen (N). Muscle tissue mass loss at 22 degrees C always was greater than at 12 degrees C (p < 0.001). Microbial respiration was greater in samples incubated at 22 degrees C for the initial 21 days of burial (p < 0.01). All buried muscle tissue samples demonstrated changes in C and N content at the end of the experiment. A significant correlation (p < 0.001) was demonstrated between the loss of muscle tissue-derived C (Ct) and microbially-respired C (Cm) demonstrating CO2 respiration may be used to predict mass loss and hence biodegradation. In this experiment Q10 (12 degrees C-22 degrees C) = 2.0. This method is recommended as a useful tool in determing the effect of environmental variables on the rate of decomposition of various tissues and associated materials.