Summary judgment in intellectual property litigation--the three of Harts

Legal context. The popular image of litigation is one of anoften long and expensive full trial. However, better case managementmeans that courts in the United Kingdom increasingly deal withdisputes at an early stage, by striking out claims that haveno genuine chance of success and by giving summary judgmentagainst defendants whose defences have no hope of succeeding.These procedures, detailed under the Civil Procedure Rules,are frequently invoked in intellectual property disputes. Unlikefull trials, which are normally heard before a specialist intellectualproperty judge, applications for summary judgment and strikingout are frequently heard by judges in the Chancery Divisionwho may have little experience of the area. Key points. This article considers the advantages and disadvantagesof deploying non-specialist judges, reviewing in particularthree decisions of a non-specialist judge, Mr Justice Hart.It suggests that a specialist judge might have reached a differentconclusion in at least one of these decisions. It also questionsthe policy issue of refusing to strike out a claim that, onthe law as it currently stands, has no chance of success wherethe intention is that the claimant be given the opportunityto invite the trial court to evolve a change in the law throughprecedental development. Practical significance. At a time when there is a strong demandfor the administration of justice to be both effective and swift,the twin facility of entering summary judgment and strikingout is likely to remain attractive and popular with intellectualproperty litigants. However, it is a facility that should notbe abused. The employment of non-specialist judges for the purposeof determining whether that facility should be utilised mayproduce results that, if justifiable, may run counter to theintuition of those who specialise in the field. Accordingly,judicial practice in this regard should be carefully monitoredand reviewed if predictability and consistency of decision-makingis to prevail.     

Treating offenders with mental illness: a research synthesis

The purpose of this research synthesis was to examine treatment effects across studies of the service providers to offenders with mental illness. Meta-analytic techniques were applied to 26 empirical studies obtained from a review of 12,154 research documents. Outcomes of interest in this review included measures of both psychiatric and criminal functioning. Although meta-analytic results are based on a small sample of available studies, results suggest interventions with offenders with mental illness effectively reduced symptoms of distress, improving offender's ability to cope with their problems, and resulted in improved behavioral markers including institutional adjustment and behavioral functioning. Furthermore, interventions specifically designed to meet the psychiatric and criminal justice needs of offenders with mental illness have shown to produce significant reductions in psychiatric and criminal recidivism. Finally, this review highlighted admission policies and treatment strategies (e.g., use of homework), which produced the most positive benefits. Results of this research synthesis are directly relevant for service providers in both criminal justice and mental health systems (e.g., psychiatric hospitals) as well as community settings by informing treatment strategies for the first time, which are based on empirical evidence. In addition, the implications of these results to policy makers tasked with the responsibility of designating services for this special needs population are highlighted.     

Acting small in a large state's world: Russia and the Baltic states

The interest in small states ebbs and flows as important international affairs include small states. Russia's actions and policies vis-à-vis Ukraine, and the resultant intensified apprehension among Russia's smaller neighbours, aim the proverbial microscope at the size and power discrepancies between states. Russia, by most metrics, is a large state and the Baltic states, by those same metrics, are small states. Small-state scholars expect large and small states to act differently. However, the case of Russia and the Baltic states indicates that large and small states do not, in fact, act all that different. This being the case, this article calls into question many of the assumptions made by small-state scholars about the difference between large- and small-state action and argues for changes within small-state studies as a subdiscipline of the larger international relations discipline.     

Implementing Intelligence-Led Policing: An Application of Loose-Coupling Theory

Purpose

This research is intended to inform a knowledge gap in the literature and present the first national findings related to intelligence-led policing adoption among state and local agencies. Specific practices are identified to inform scholars and practitioners regarding intelligence-led policing behaviors.

Methods

Original survey research from a federally-funded project is gleaned to explore intelligence-led policing adoption through a loose-coupling theoretical perspective. Negative binomial and logistic regression models are employed to identify predictive relationships.

Results

Agencies nationwide appear to be closely following the National Criminal Intelligence Sharing Plan recommendations to enhance information sharing. Consistent with the Department of Homeland Security’s Target Capabilities List is also observed. Agency size appears to have a significant effect on key organizational information sharing behaviors. The findings are tempered due to limitations in the research design.

Conclusions

Local agencies appear to be tightly-coupled with the recommendations put forth in the National Criminal Intelligence Sharing Plan in their efforts to adopt intelligence-led policing. Agency size appears to enhance adoption across most dependent metrics. This research progresses the limited evidence base and progress regarding this emerging policing philosophy.     

The attractiveness of local and national list labels: the role of socio-economic inequalities on the success of electoral lists

ABSTRACT

According to the nationalisation hypothesis, it is sometimes argued that electoral lists competing at local elections under a national party label are more likely to win. Yet, in many countries, local lists are still much present. This article seeks to assess the attractiveness of local and national list labels at local elections. Following Rokkan’s hypothesis of the nationalisation of local politics, we test the role of socio-economic inequality on the success of electoral lists across local polities. Based on an original dataset distinguishing the labels of 1.012 electoral lists – be they local, mixed or national – in the 262 Walloon municipalities in Belgium, the multilevel regression demonstrates that local and mixed labels present a significant electoral advantage vis-à-vis national party labels. However, the article shows that this electoral gain decreases as economic inequalities increase: national labels, especially left-wing parties, attract more voters as inequalities rise.     

China’s Economic Diplomacy in Central and Eastern Europe: A Case of Offensive Mercantilism?

Abstract

Since China launched the 16?+?1 forum for meetings with Central and Eastern European (CEE) countries in 2012, European observers have struggled to understand the Chinese approach. In contrast to its oft-repeated claim of ‘win–win’ cooperation, some believe China is pursuing an assertive strategy of ‘divide and conquer’ designed to benefit China at Europe’s expense. China’s economic diplomacy in CEE is examined through the critical lens of Holslag’s ‘offensive mercantilism’ framework, finding it useful for assessing empirical aspects of China’s approach to CEE, but failing to find evidence for the assertion that China’s economic diplomacy is divisive and bad for Europe.     

Child sexual abuse material in child-centred institutions: situational crime prevention approaches

ABSTRACT

This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.     

Examining the Effects of Health in Explaining Fear of Crime: A Multi-Dimensional and Multi-Level Analysis

We examine the understudied link between mental/physical health problems and their relationship with perceived unsafety via higher levels of vulnerability. We examine this relationship by linking data at the individual-level, the neighborhood-level, and the county-level using the Portraits of American Life Survey (PALS). Using this data we examine the effect of individual and neighborhood conditions on perceived safety while controlling for county-level crime rates. Findings indicate that higher numbers of physical impairment and mental health issues are independently related to higher levels of perceived unsafety. Both mental and physical health problems are associated with higher levels of fear. These higher levels of vulnerability then directly contribute to higher levels of feeling of unsafety. Unlike past research, we find a mental health link to fear of crime that cannot be explained by physical impairments.