The Influence of Amicus Curiae Briefs on U.S. Supreme Court Opinion Content

We address fundamental questions about the ability of interest groups to shape public policy by examining the influence of amicus curiae briefs on U.S. Supreme Court majority opinion content. We argue that the justices will incorporate language from amicus briefs into their opinions based on the extent to which the amicus briefs contribute to their ability to make effective law and policy. Using plagiarism detection software and other forms of computer assisted content analysis, we find that the justices adopt language from amicus briefs based primarily on the quality of the brief's argument, the level of repetition in the brief, the ideological position advocated in the brief, and the identity of the amicus. These results add fresh insight into how interest groups influence the development of federal law by the Supreme Court.     

Beyond the anti-kickback statute: new entities, new theories in healthcare fraud prosecutions

The authors analyze existing and developing trends in healthcare fraud litigation. They first review the traditional use of the Medicare-Medicaid Anti-Kickback Statute to prosecute such fraudulent activity. They then consider newer theories that have been employed, or may be employed, in cases involving payors, middlemen, agents, and fiduciaries. These include the use of the Civil False Claims Act, the Federal Travel Act, and the Public Contracts Anti-Kickback (sometimes incorporating violations under state commercial bribery and similar state legislation to form the basis of a federal claim or prosecution). The Article then turns to a discussion and warning of attorneys' potential liability for a client's kickback arrangements. Finally, the Article takes a very brief look at relationships under Medicare Part D that may well prove to be a fertile area of problematic conduct, public and congressional scrutiny, and prosecutions utilizing some of these theories.     

Endorsing Annexation? The Whitlam Government's De Jure Recognition of the Soviet Baltic States

In August 1974, the Australian Labor Party Government under Prime Minister Gough Whitlam announced it had recognised the incorporation of the Baltic states into the Soviet Union de jure. Historical writing around this diplomatic recognition is scarce and sheds little light on why the policy was enacted. Using previously unavailable archival evidence, as well as other sources including testimony from Government and public service workers, this article demonstrates that the recognition was induced primarily by Whitlam, the Department of Foreign Affairs, and Sir James Plimsoll, Australia's ambassador to the Soviet Union. These actors were motivated by varying considerations. These included an adherence to realist foreign policy principles, concerns regarding Australian–Soviet bi-lateral relations, convictions around the legitimacy of Baltic self-determination, and ethnic prejudice against Australians of Baltic descent.     

SPD and PDS relationships

This article examines the mutual relationship of SPD and PDS. In the past, the relationship between Communists and Social Democrats has been tense, even if the 1970s and 1980s saw a slight improvement. After the collapse of the GDR and the onset of German unity ‐ the SED had meanwhile become the PDS ‐ a coalition between the two parties was unthinkable. The SPD at least was strictly opposed to it. Even at the eve of the 1998 federal elections, nobody seriously considers a coalition at national level but some forces in the SPD have begun to advocate coalitions with the PDS at regional level in the new Lander. This strategy enjoys the backing of the PDS. It is argued that for the SPD to choose this ‘French way’ of ousting the CDU from government is a serious error, both with regard to the functioning of democracy and to SPD strategy.     

Probative Value of Absolute and Relative Judgments in Eyewitness Identification

It is well-accepted that eyewitness identification decisions based on relative judgments are less accurate than identification decisions based on absolute judgments. However, the theoretical foundation for this view has not been established. In this study relative and absolute judgments were compared through simulations of the WITNESS model (Clark, Appl Cogn Psychol 17:629–654, 2003) to address the question: Do suspect identifications based on absolute judgments have higher probative value than suspect identifications based on relative judgments? Simulations of the WITNESS model showed a consistent advantage for absolute judgments over relative judgments for suspect-matched lineups. However, simulations of same-foils lineups showed a complex interaction based on the accuracy of memory and the similarity relationships among lineup members.     

Forensic Inspection of Sensitive User Data and Artifacts from Smartwatch Wearable Devices

Wearable devices allow users the ability to leave mobile phones behind while remaining connected to the digital world; however, this creates challenges in the examination, acquisition, identification, and analysis of probative data. This preliminary research aims to provide an enhanced understanding of where sensitive user data and forensic artifacts are stored on smartwatch wearable devices, both through utilization as a connected and standalone device. It also provides a methodology for the forensically sound acquisition of data from a standalone smartwatch wearable device. The results identify significant amounts of data on the Samsung^? Gear S3 Frontier, greater than that stored on the companion mobile phone. An Apple Watch^® Series 3 manual examination method which produces native screenshots was identified; however, the companion mobile phone was found to store the greatest amount of data. As a result of this research, a data extraction tool for the Samsung^? Gear S3 Frontier was created.