For the health of the economy and patent system: rationale and scope of patent attorney privilege

Legal context: There exists, in some countries, a patent attorney privilege.This privilege allows an actual or potential holder of patentrights to withhold from a court communications that it has hadwith its patent attorney. The privilege is not recognized inall jurisdictions and there is variation in the extent of theprivilege in those countries where it does exist. Key points: This article explores the rationale for the privilege in orderto see if there is a sound basis upon which to found it. Througha consideration of the justifications for other legal privileges,the article finds that patent attorney privilege is a justifiableprotection for communications between clients and their patentattorneys. If there was a possibility that the communicationswould have to be revealed in court, this may impact the fulland frank nature of the communications. Such communicationsassist patent attorneys, as professionals with expertise ina specialized field, to provide clients with appropriate andeffective advice. That advice goes directly to the maintenanceand benefit of the patent system and the overall economy. Practical significance: As a result of the variation in the extent of the privilegearound the world, there are moves afoot to reform its operation.This article reveals strong public policy reasons for the recognitionof a patent attorney privilege. These grounds also reinforcethe need to ensure that privilege is not unduly limited in itsoperation in any jurisdiction.     

Configurations of Identity Among Sexual Minority Youth: Context,Desire, and Narrative

Youth with same-sex desire undergo a process of narrative engagement as they construct configurations of identity that provide meaning and coherence with available sexual taxonomies. This article presents a theoretical analysis and four case studies centering on the relationship among context, desire, and identity for youth with same-sex desire. Through an interpretive, holistic analysis of the personal narratives of youth, we examine the integration of same-sex desire, behavior, and identity in the general life story and the selective appropriation of elements of “master narratives” of sexual identity development. Narratives were characterized by challenges to integrate desire, behavior, and identity into a configuration that conformed to the received sexual taxonomy. Implications for theory and further research on sexual identity development are discussed.     

Horizontalité et gouvernance décentralisée: les conditions de collaboration dans le contexte de l'action communautaire

Sommaire: Cet article s'interroge sur les formes de gouvernance qui caractérisent le secteur communautaire en s'appuyant sur l'étude de deux cas de partenariats locaux initiés par l'organisme Québec en forme (QEF) dans les régions de l'Outaouais et de la Mauricie. La participation croissante des organismes communautaires à la prestation des services publics met en relief l'importance de la collaboration et du partenariat interorganisationnels dans le cadre d'une gouvernance plus horizontale. L'article présente certaines difficultés posées par la construction d'une telle gouvernance dans le secteur communautaire. Le poids des structures de pouvoir traditionnelles, de même que les innovations proposées dans la littérature sur la gouvernance et l'horizontalité (élargissement des partenariats, développement de nouveaux objectifs partagés, etc.), ont beaucoup de difficultéà prendre assise dans la pratique communautaire. Abstract: This article examines the forms of governance that characterize the community sector, referring to two case studies of local partnerships initiated by the group “Québec en forme” (QEF) in the Outaouais and Mauricie regions. The increasing participation of community organizations in the delivery of public services highlights the importance of cross‐jurisdictional cooperation and partnerships within the framework of a more horizontal governance. The article presents some of the challenges surrounding governance construction in the community sector. The weight of traditional power structures, as well as the innovations proposed in the literature on governance and the implementation of a horizontal approach (securing broader partnerships, developing new shared objectives, etc.), are not easily adopted in community practice.     

Stable hydrogen isotope analysis as a method to identify illegally trapped songbirds

We measured stable hydrogen isotope ratios in the primary feathers of two subspecies of goldfinches, confiscated by the Police and the Royal Society for the Prevention of Cruelty to Animals (RSPCA) on suspicion that they had been illegally taken from the wild. We found significant differences in the delta2H values of the two subspecies indicating that they were sourced from different geographical regions. Our results correlated with isotopic precipitation maps and with the known distribution of the two subspecies of goldfinch. We believe that this technique could be used by law enforcement agencies to determine the origin of birds in cases where the species or subspecies involved are geographically distinct.     

The use and non-use of policy appraisal tools in public policy making: an analysis of three European countries and the European Union

The increasing complexity of policy problems, coupled with the political desire to base new policies on the foundation of firm evidence, has accelerated the development of policy assessment tools. These range from complex computer models and cost benefit analysis through simple checklists and decision trees. In the last decade, many governments have established formal policy assessment systems to harness these tools in order to facilitate more evidence-based policy making. These tools are potentially widely available, but to what extent are they used by policy makers and what becomes of the evidence that they generate? This paper addresses these questions by studying the empirical patterns of tool use across 37 cases in three European countries and the European Commission. It uses a simple classification of tools into advanced, formal and simple types. It finds that even when tools are embedded in policy assessment systems, their use is differentiated and on the whole very limited, in particular when it comes to more advanced tools. It then explores these patterns from contrasting theoretical perspectives to shed light on why, when and how different policy assessment tools are used in the policy process.     

Identifying Successor Corporations Liable under CERCLA and Pursuing Insurance Coverage for That Liability

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) imposes liability well beyond general corporate successor rules. A company can allocate liability to other Potentially Responsible Parties as more culpable, taking advantage of CERCLA's joint and several liability. Often a source of recovery must be teased from a complex corporate history somehow connected to the site. This article examines the basis for attributing environmental liability to entities within a corporate history, before addressing how even a bankrupt or dissolved target may still have insurance that can be tapped. Similarly, CERCLA's strict liability enables recovery from insurance with some connection to either the target's or the company's corporate history, notwithstanding insurers' non-assignment arguments.