Permissible plagiarism? Navigating normative expectations in the pre- and post-admission landscape

Plagiarism in the context of the law is a highly nuanced and complex concept, involving consideration of academic integrity and disciplinary rules and assessments of intent, which colour the responses of both universities and courts when confronted by the misuse of others’ words and ideas without appropriate referencing. Within academia, plagiarism is treated as ‘a capital offence’. In the context of admission as a lawyer, professional admissions boards in Australia use findings of major plagiarism at university as a reason for denying or delaying admission to practice on two grounds: firstly, if it amounts to cheating per se, as being indicative of a character flaw inconsistent with the character requirements of officers of the court; and secondly on the related basis that it is (or is assumed to be) a reliable predictor of future professional misconduct. Given this, Australian universities must educate students about academic integrity and referencing (particularly in the digital age, where sources and opportunities for misconduct are escalating), provide law students with training and practice in appropriate use of others’ material, and provide relevant information to students about the implications of findings of misconduct being made against them. This is important because, while there is a widespread perception that plagiarism ceases to be a consideration after admission as a lawyer, this is not supported by the decided cases.     

The Impact of Gender, Offense Type, and Familial Role on the Decision to Incarcerate

This study attempts to further the understanding of how familial roles affect male and females?? sentences. In accordance with familial paternalism theory, the effects of familial roles presenting different levels of social costs and control were examined for drug and property offenders. The findings show that living with a child or paying child support reduced defendants?? odds of incarceration. Once familial role variables were included in the model, gender was not a significant predictor of odds of incarceration. When split models for gender and offense type were examined, females and property offenders had a reduced likelihood of being incarcerated if they were caretakers to children. Interaction effects, however, found that the impacts did not differ significantly for males and females or for property and drug offenders.     

Proof of causation in informed consent cases: establishing what the plaintiff would have done

A degree of judicial caution in accepting the assertion of a plaintiff as to what he or she would have done, if fully informed of risks, is clearly evident upon a review of decisions applying the common law. Civil liability legislation in some jurisdictions now precludes assertion evidence by a plaintiff. Although this legislative change was seen as creating a significant challenge for plaintiffs seeking to discharge the onus of proof of establishing causation in such cases, recent decisions suggest a more limited practical effect. While a plaintiff's ex post facto assertions as to what he or she would have done if fully informed of risks may now be inadmissible, objective and subjective evidence as to the surrounding facts and circumstances, in particular the plaintiff's prior attitudes and conduct, and the assertion evidence of others remains admissible. Given the court's reliance on both objective and subjective evidence, statistical evidence may be of increasing importance.     

Are ‘pseudonymised’ data always personal data? Implications of the GDPR for administrative data research in the UK

There has naturally been a good deal of discussion of the forthcoming General Data Protection Regulation. One issue of interest to all data controllers, and of particular concern for researchers, is whether the GDPR expands the scope of personal data through the introduction of the term ‘pseudonymisation’ in Article 4(5). If all data which have been ‘pseudonymised’ in the conventional sense of the word (e.g. key-coded) are to be treated as personal data, this would have serious implications for research. Administrative data research, which is carried out on data routinely collected and held by public authorities, would be particularly affected as the sharing of de-identified data could constitute the unconsented disclosure of identifiable information.Instead, however, we argue that the definition of pseudonymisation in Article 4(5) GDPR will not expand the category of personal data, and that there is no intention that it should do so. The definition of pseudonymisation under the GDPR is not intended to determine whether data are personal data; indeed it is clear that all data falling within this definition are personal data. Rather, it is Recital 26 and its requirement of a ‘means reasonably likely to be used’ which remains the relevant test as to whether data are personal. This leaves open the possibility that data which have been ‘pseudonymised’ in the conventional sense of key-coding can still be rendered anonymous. There may also be circumstances in which data which have undergone pseudonymisation within one organisation could be anonymous for a third party. We explain how, with reference to the data environment factors as set out in the UK Anonymisation Network's Anonymisation Decision-Making Framework.     

Youth and parental attitudes toward fighting

Certain parenting behaviors have been linked with youth aggression and violence, but less is known about whether parents' attitudes toward fighting are a risk factor for children's aggressive behavior problems and future injury risk. Social cognitive theory suggests that parents' beliefs about fighting and retaliation may influence their children's attitudes toward fighting and aggression. The authors examined the associations among parental and youth attitudes toward fighting, parent-child relationships, and youth aggressive behavior in adolescents at great risk for future interpersonal violence. Data came from 72 parents and their adolescents (aged 12 to 17 years, 89% African American), who presented to an emergency department for youth's assault-related injuries. Analyses revealed an association between parents' and youth's attitudes toward fighting. Youth's and parents' attitudes were positively correlated with aggressive behavior, fighting, and school suspension. Parents' attitudes predicted youth's aggressive behavior, even after controlling for youth's attitudes. The findings suggest that interventions for high-risk youth should target the fighting-related attitudes of both parents and youth.     

Reviews

Seweryn Bialer, The Soviet Paradox: External Expansion, Internal Decline. London: I. B. Tauris, November, 1986, xx + 396 pp. £16.50.

Frank Füredi, The Soviet Union Demystified: A Materialist Analysis. London: Junius Publications, 1986, 271 pp. £12.50 h/b, £5.95 p/b.

R. Furtak, The Political Systems of the Socialist States: an Introduction to Marxist‐Leninist Regimes, Wheatsheaf Books Ltd., Brighton, 1986, xi + 308 pp. £32–50.

Peter Jones and Sian Kevill (Compilers) China and the Soviet Union 1949–84, Keesing's International Studies; Longman, London: 1986, 202 pp. £20.00.

Roy Medvedev, China and the Superpowers, Basil Blackwell, Oxford; 1986, 234 pp. £17.50.

Gail Schlachter (ed.) Sino‐Soviet Conflict: A Historical Bibliography, ABC‐Clio Distribution Services, Clio Press, Oxford; 1985, xii + 190 pp. £30.50.

Károly Attila Soós, Terv, Kampany, Penz. Szabalyozas es Konjunkturaciklusok Magyarorszagon es Jugoszlaviaban, Közgazdasagi es Jogi Könyvkiado‐Kossuth Könyvkiado, Budapest, 1986, 533 pp. 142 Ft.

William V. Wallace and Roger A. Clarke, Comecon, Trade and the West, Frances Pinter (Publishers), London, 1986, xi + 176 pp. £18.50.

Alec Nove, Socialism, economics and development, Allen & Unwin, London, 1986, 243 pp. £25.00 US $29.95.

Klaus Fritsche, Blockfreiheit aus sowjetischer Sicht, Deutsches Übersee‐Institut, Munich, Cologne, London, Weltforum Verlag, 1986, 299 pp.

Winrich Kühne, Sowjetische Afrikapolitik in der ‘Ara Gorbatschow’. Eine Analyse ihrer grundlegenden Probleme Mitte der 80er Jahre, ausgehend von den Entwicklungen in Mozambique, Angola und Äthiopien. Stiftung Wissenschaft und Politik, Ebenhausen, 1986, 146 pp.