Marriage and Divorce in the Supreme Court and the Law Commission: for Love or Money?

The case note considers the impact of the Supreme Court decision in Radmacher v Granatino regarding pre‐nuptial and other classes of nuptial agreement, together with recent proposals of the Law Commission for reform of the law relating to marital property agreements generally. It explores in particular the question of what, if any, core obligations of marriage cannot – or should not – be excludable by agreement.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Visualisation of fingermarks and grab impressions on fabrics. Part 1: gold/zinc vacuum metal deposition

Vacuum metal deposition (VMD) is a highly sensitive technique originally introduced for detecting latent fingermarks on smooth non-porous surfaces such as carrier bags, plastics and glass. The current study explores whether VMD can be used in the examination of clothing from physical and sexual assault cases in order to visualise identifiable fingermark ridge detail and/or palmar flexion crease detail, thus allowing potential areas to be indicated for DNA swabbing and/or to determine the sequence of events. Four different fabrics were utilised during this study - nylon, polyester, polycotton and cotton, along with 15 donors who ranged in their age and propensity to leave fingermarks, from good to medium to poor as determined by results obtained from test runs using paper and plastic carrier bags processed with VMD. Once samples were collected they were kept for a determined time (1, 2, 3, 4, 5, 6, 7, 14, 21 or 28 days) and then treated using the gold/zinc metal VMD process. From the results, it appears that greater ridge detail is visible on the smoother non-porous fabrics, such as nylon whereas on rougher porous fabrics, such as cotton, only empty prints and impressions, rather than any ridge details, were visible. All fabrics did however allow the development of touch marks that could be targeted for DNA taping thus potentially leading to a DNA profile and possible identification of a suspect.     

Share and Share Alike? Hedge Funds,Human Rights,and Owning Enterprise in Britain

This article explores the meanings of ownership and shareholding in the context of the 2007 run on Northern Rock, its subsequent nationalization in 2008, and the resulting legal challenge brought by former shareholders. Drawing on evidence from a range of sources outside traditional legal and official doctrine, and from original empirical research, it focuses on the perspective and voices of local small individual shareholders in relation to shareholding, bank failure, and government responses to financial crisis. It tells the story of these individual shareholders against differing conceptions of share ownership rights and responsibilities, and from various angles, to show the many different subjectivities of corporate shareholding and ownership of enterprise of which orthodox legal and economic models take scant account. It concludes on a note of historic persistence in demand for proprietary shares in banking institutions, despite the differing levels of understanding and tolerance of equity risk among shareholders that our research reveals.     

Necessity, Moral Liability, and Defensive Harm

A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is necessary to avert the threatened unjust harm. Others may favour a purely noninstrumental account of liability: one that looks only to the past behaviour of the potentially liable person. We argue that both views are vulnerable to serious objections. Instead we develop and defend a new view of liability to defensive harm: the pluralist account. The pluralist account states that liability to defensive harm has at least two bases. First, if an attacker is morally or culpably responsible for an unjust attack then he has forfeited what we call his agency right, and in doing so he has made himself partially liable to defensive harm. Whether the attacker is fully liable to defensive harm depends, however, on whether the imposition of defensive harm would infringe a different right held by the attacker: his humanitarian right. Humanitarian rights are rights to be provided with urgently needed resources or to be protected from serious harms when others can do so at reasonably low cost. We argue the pluralist account avoids the objections to which the instrumental and noninstrumental views are vulnerable, coheres with our intuitive reactions in a wide range of cases, and sheds new light on the way different rights combine to determine a person??s liability to suffer harm.     

Identification and synthesis of by-products found in 4-methylthioamphetamine (4-MTA) produced by the Leuckart method

The synthesis of the designer drug 4-methylthioamphetamine (4-MTA) has been carried out using the well-known Leuckart reaction in four versions. The treatment of 4-methylthiophenylacetone with formamide, mixture of formamide/formic acid, ammonium formate, and mixture of ammonium formate and formic acid followed by acid hydrolysis brought about the formation of 4-MTA contaminated with a number of impurities. The gas chromatography mass-spectrometry (GC-MS) analysis of the reaction mixtures allowed identification of the most prominent impurities, such as diasteromers of N,N-di-[β-(4-methylthiophenyl)isopropyl]amine, N,N-di-[β-(4-methylthiophenyl)isopropyl]methylamine, N,N-di-[β-(4-methylthiophenyl)isopropyl]formamide, the Schiff bases derived from 4-MTA and 4-methylbenzaldehyde (benzaldimine) and 4-methylthiophenylacetone (ketimine) as well as some heterocycles: 4-methyl-5-(4'-methylthiophenyl)pyrimidine, 4-(4'-methylthiobenzyl)pyrimidine, 2,6-dimethyl-3,5-di-(4'-methylthiophenyl)pyridine, 2,4-dimethyl-3,5-di-(4'-methylthiophenyl)pyridine. The correctness of identification was confirmed by independent synthesis of these compounds. Each synthesized reference compound was characterized by means of MS, (1)H and (13)C NMR, and IR methods. The stereochemistry of (RR/SS) diasteromer of N,N-di-[β-(4-methylthiophenyl)isopropyl]amine was confirmed by a crystallographic method.