Baker & McKenzie''s regular article tracking developments in EU law relating to IP, IT & telecommunications

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.     

Reform in Lieu of Change: Tastes Great, Less Filling

In this response to Light, Koppell argues that the increasing frequency of reform may reflect Congress's inability to make significant changes to the substance of entrenched government programs. Moreover, he observes that the more profound evolution in government has been the movement toward market-based provision of services, which has created demand for new competencies in the public sector.     

A Longitudinal Study of Modifying Influences in the Relationship Between Domestic Violence and Child Maltreatment

The increased risk of child maltreatment in the presence of domestic violence is well documented, but much remains unknown about factors that modify this relationship. This study investigates the roles of risk and protective factors in the relationship between domestic violence and being reported to the Department of Social Services for child maltreatment. Consistent with the literature, we find a significant overlap between domestic violence and maltreatment. Young maternal age, low education, low income, and lack of involvement in a religious community add to the risk for maltreatment associated with domestic violence. Separation between the maternal caregiver and her partner significantly reduces the risk for maltreatment when domestic violence is reported. A significant reduction in the risk for maltreatment is also found with higher levels of support from the maternal caregiver reported by the child in the context of domestic violence.     

Restoring accountability in pretrial release: the Philadelphia pretrial release supervision experiments

As drug arrests and jail overcrowding added pressure to increase pretrial release in localities during the 1980s and 1990s, the need to manage a larger and higher-risk pretrial population of defendants awaiting adjudication in the community became a high priority for justice agencies. In the late 1990s Philadelphia officials sought to discover the ingredients of a successful supervision strategy through four interlinked field experiments to provide an empirical basis for a major reform of the pretrial release system. The results of the linked randomized experiments question common assumptions about “supervision,” its impact and effectiveness, about the underlying nature of the noncompliant defendant, and deterrence implications. The study emphasizes the importance of interpreting the findings in the context of implementation of the policy reform. Findings suggest that facilitative notification strategies wield little influence on defendant behavior and that deterrent aims are undermined by the system's failure to deliver consequences for defendant noncompliance during pretrial release. The most significant contribution of the article is its illustration of a major evidence-based policy reform undertaken by a major court system.     

Project USA: American competitiveness and what must be done to restore it

The United States today faces a loss of influence as a world power, a reduction in American independence as a policymaker, and a decline in the standard of living on which Americans have come to depend. History teaches that nations weaker and less productive than the United States can rise to become economic powerhouses and rapidly increase their standards of living. History also teaches that nations failing to recognize their fundamental problems will inevitably decline. American politicians must face what is abundantly clear: the United States is losing ground and must act quickly to reverse its course. This White Paper outlines what must be done. Information about the nation's current status must be analyzed and communicated. Incentives to improve the level of competence in government must be provided and maintained. The emphasis of government policy must be changed to reflect broad economic and technological interests as opposed to special interests. Savings must be encouraged and increased. Infrastructure must be improved Tax laws must be modified to help bring these changes about. Economic and technological issues must be elevated to the importance they require. American thinking must reflect the new realities: that the age of leadership through military power is over, that the requirements for success in the world of the 1990s and beyond require a sound and growing economy that is internationally competitive. The US can accomplish these goals only through foundation-shaking, comprehensive, fundamental changealong the lines we propose herein.This paper is the executive summary (with minor editing modifications) of a white paper that is available from Cornell University's Johnson Graduate School of Management.     

Juror decision making in the capital penalty trial

Two factors thought to influence jurors' penalty decisions in capital trials—the nature of the crime committed and the defense's portrayal of the convicted offender's character—were examined. Mock jurors were death-qualified and exposed to one of twelve simulated penalty trials. Each trial was comprised of one of three capital crimes and one of four defense strategies. Jurors were least punitive in robbery-murder conditions and most punitive in multiple murder conditions. A conceptual argument against capital punishment was the most effective defense; a mental illness defense was the least effective. Penalty decisions were mediated by three attributional variables: (a) juror perceptions of the defendant's volition, (b) juror perceptions of the defendant's future dangerousness, and (c) juror perceptions of the relative competency of the opposing attorneys.This article is based on the author's dissertation which received an Honorable Mention in the 1985 SPSSI Dissertation Prize competition. The research was made possible by grants from the University of California, Santa Cruz and Division 41 of the American Psychological Association. The author is indebted to Craig Haney, Elliot Aronson, and Dane Archer for their valuable suggestions and support.     

Reviews

Alexander Yanov, The drama of the Soviet 1960s: a lost reform. Institute of International Studies, University of California, Berkeley, 1984, 141 pp. $8.50.

Karen Dawisha, The Kremlin and the Prague Spring. Berkeley: University of California Press, 1984, xiv + 426 pp. £22.50.

Christer Jônsson, Superpower: Comparing American and Soviet Foreign Policy. London: Francis Pinter, 1984, viii + 248 pp. £18.50.

Joseph Nye, The Making of America's Soviet Policy. Yale University Press, 1984, £20.00.

Alexander Dallin, Black Box: KAL 007 and the superpowers. Berkeley and Los Angeles: University of California Press, 1985, xii + 130 pp. £14.25.

Alex Kozulin, Psychology in Utopia. Toward a Social History of Soviet Psychology, Cambridge Massachusetts, London: The MIT Press, 1984, xi + 179 pp. £16.65.

Timothy Edward O'Connor, The Politics of Soviet Culture. Anatolii Lunacharskii. Ann Arbor: UMI Research Press, and London: Bowker Publishing Company, 1984,193 pp. £35.50.

Alexander Vucinich, Empire of Knowledge. The Academy of Sciences of the USSR (1917–1970). Berkeley and London: University of California Press, 1984, x + 484 pp. £23.95

Lawrence Badash, Kapitza, Rutherford, and the Kremlin. New Haven and London: Yale University Press, 1985, xi + 129 pp. £20.00.

Mark Popovsky, The Vavilov Affair. Archon, Hamden, Connecticut, 1984, viii + 216 pp. £21.40.

Timothy Dunmore, Soviet Politics 1945–53 London: Macmillan Press Ltd., 1984, vi + 167 pp. £20.00.

George Ginsburgs, The Citizenship Law of the USSR, Law in Eastern Europe No. 25 (general editor F. J. M. Feldbrugge). The Hague, Boston, Lancaster: Martinus Nijhoff Publishers, 1983, 406 pp. £50.00.

R. F. Miller and F. Féhér (eds.), Khrushchev and the Communist World. London and Canberra: Croom Helm and Totowa, New Jersey: Barnes and Noble Books, 1984, 243 pp. £15.95.

Michael Haynes, Nikolai Bukharin and the Transition from Capitalism to Socialism, Beckenham, Kent: Croom Helm Ltd., 1985, vii + 136 pp. £14.95.

Bernd Bonwetsch (ed.), Zeitgeschichte Osteuropas als Methoden‐ und Forschungsprob‐lem. Osteuropaforschung: Schriftenreihe der Deutschen Gesellschaft fur Osteuropa‐kunde, Band 13. Berlin: Verlag Arno Spitz, 1985, 192 pp. DM 28,00.

Marie Lavigne, Economie Internationale des pays Socialistes, Paris: Armand Colin, 1985, 255 pp.

Marcel Drach, La crise dans tes pays de l'Est, Paris: Editions La Découverte, 1984, 127 pp. FF. 31.

L. Csaba, Kelet‐Europa a Világgazdaságban. (Eastern Europe in the World Economy), Budapest: Közgazdasági és Jogi Könyvkiadö, 1984, 316 pp., bibliography but no index.

Michael Shafir, Romania: Politics, Society and Economics, London: Frances Pinter, 1985, xvii + 232 pp. h/b £18–50, p/b £6.95.

Nicholas G. Andrews, Poland 1980–81. Solidarity versus the Party, Washington: National Defense University Press, 1985, xii + 351 pp.

Peter Raina, Poland 1981. Towards Socialist Renewal, London: George Allen & Unwin, 1985, vii + 472 pp. £20.00.

Stephen D. Kertesz, Between Russia and the West: Hungary and the Illusions of Peacemaking 1945–1947, London and Notre Dame: University of Notre Dame Press, 1985, xix + 299 pp. £18.95.

Mårta‐Lisa Magnusson (ed.), Bogen i Sovjet. Fra forfatter til laeser, Esbjerg: Sydjysk Universitetsforlag, 1985, 106 pp. p/b, 74–75 DK Kr.

Margit Nielsen, Udenrigsøkonomi i Østeuropa—tilpasning eller krise? Esbjerg: Sydjysk Universitetsforlag, 1985, 99 pp. p/b, 65–00 DK Kr.     

The Promise and Peril of Automated Negotiators

Innovations in artificial intelligence are enabling a new class of applications that can negotiate with people through chat or spoken language. Developed in close collaboration with behavioral science research, these algorithms can detect, mimic, and leverage human psychology, enabling them to undertake such functions as the detection of common mistakes made by novice negotiators. These algorithms can simulate the cognitive processes that shape human negotiations and make use of these models to influence negotiated outcomes. This article reviews some of the scientific advances enabling this technology and discusses how it is being used to advance negotiation research, teaching, and practice.     

Book reviews

William C. Green and Theodore Karasik (Eds.), Gorbachev and his Generals: The Reform of Soviet Military Doctrine (Westview Press, 1990, 239pp. ISBN 0–8133–7898–2)

Daniel Patrick Moynihan, On the Law of Nations (Harvard University Press, 1990)

Peter J. Stavrakis, Moscow and Greek Communism, 1944–1949. Cornell University Press, Ithaca and London. 1989. ISBN 0–8014–2125–X.

Scalpino, R.A., The Politics of Development: Perspectives on Twentieth‐Century Asia (Harvard University Press, Cambridge, Mass., 1989, pp.131)

Sean M. Lynn‐Jones, Steven E. Miller and Stephen van Evera (Eds.), Soviet Military Policy (MIT Press, 1989. £26.95 [cloth]; £13.50 [paperback]).