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.     

Collaboration,information, and preservation: The role of expertise in farmland preservation task forces

Collaboration between agencies, private groups, and citizens in the field of natural resource management is generally seen as a productive strategy in challenging management situations. Collaborative management is particularly appealing in efforts like farmland preservation, which depend for their success on local initiative and support. However, such partnerships may create new dilemmas about the appropriate use of information in management. This paper analyzes the use of information by 15 county-wide Farmland Preservation task forces in the state of Ohio, U.S.A.     

The Effect of Jury Deliberations on Jurors' Reasoning Skills

The effect of jury deliberation on jurors' reasoning skill in a murder trial was examined. Specifically, the effect of deliberating on reasoning competence (as defined by Kuhn, Weinstock and Flaton, 1994) was explored. One hundred and four participants viewed a videotaped murder trial and either deliberated in 12-person juries or ruminated on the case individually. Among those assigned to juries, half had their reasoning skill assessed prior to deliberations, while the others were tested after deliberating. Jurors in the individual rumination condition were assessed after they had the opportunity to reflect on the case alone. As hypothesized, post-group-deliberation jurors were more likely to discount both the selected verdict and alternative theories and incorporate judgmental supporting statements than were the other mock jurors. However, the mock jurors did not differ with regard to making statements that supported alternative verdicts or including judgmental statements that discounted their chosen verdict. In terms of Kuhn's reasoning continuum from satisficing (low level) to theory–evidence coordination (high level), there is some evidence that post-group-deliberation jurors may be closer to the high end than predeliberation jurors or post-individual-rumination jurors in some aspects of the task, but not in others.     

A Mediator on the World Stage?—How the EU's Commitment in Foreign Affairs is Portrayed by New Zealand and Australian Media

Abstract: ‘European identity’ is as much a contested concept as is the role of the European Union in foreign affairs. This article combines the two concepts and introduces a third variable, ‘the Other’, in order to address the following questions: How do non‐Europeans perceive the EU on the world stage? Is a tentative identity as a mediator in foreign affairs conveyed in the EU's conduct of foreign policy? Analysing 10 newspapers, 4 television bulletins, and 830 public surveys from Australia and New Zealand in the first half of 2004, this article argues that the EU's efforts to further democracy and peace are often marginalised in Australian and New Zealand perceptions. Nevertheless, subtle traces of perceptions of the EU as a potent global actor promoting human rights and environmental sustainability and challenging unilateral US policy courses were detected.     

NEW FEDERALISM, OLD REMEDIES, AND CORRECTIONS POLICYMAKING

Corrections litigation is changing, but new case law does not authorize a wholesale cutback of prisoner constitutional rights. Supreme Court cases urge a return to traditional compensatory damages as the remedy for unconstitutional acts and conditions. Monitoring of state correctional performance by federal courts is disfavored. The author believes that basic rights of prisoners will remain protected, but that systematic planning and exemplary programs will erode. Under the money damages model, legal reform should thus urge waiver of the state sovereign immunity provided by the Eleventh Amendment.     

Euthanasia and assisted suicide: a liberal approach versus the traditional moral view

Within the context of the debate over the recent suspended sentence given to John Stuart Godfrey by Underwood J in the Supreme Court of Tasmania for assisting his elderly mother with her suicide, this article examines some of the more popular arguments for and against the moral acceptability of euthanasia and assisted suicide. This article considers the arguments put forward on the "difference principle" by Rachels and Nesbitt before critically examining the liberal approach to the euthanasia issue as proposed by Kuhse. It is argued that whilst Kuhse is correct to reject the difference principle, she does so for the wrong reasons. The penultimate section of the article provides an overview of the traditional moral view against killing. The final part assesses whether the arguments put forward by proponents of the liberal approach are capable of overcoming this view.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

The "last vestiges of life"

On 4 June 2010, Deputy State Coroner Schapel of the Coroner's Court of South Australia ruled that he had jurisdiction to conduct an inquest into the death of Tate Spencer-Koch, who was declared deceased following complications during her home-birth. Coroner Schapel considered he had jurisdiction on the basis that Tate was a "person in the eyes of the law" under the born alive rule, as she had completely left her mother's body and she could be shown to have been alive after birth, evident from the PEA detected in her heart 10 minutes following her delivery. Close consideration of this ruling, however, reveals issues with the application of the born alive rule in the case.     

Comparing social,emotional, and behavioral health risks among youth attending public versus parochial schools

Parochial schools are assumed to provide better social and academic experiences; however, few studies account for selection bias when comparing with public schools. This study contrasted public versus parochial schools using propensity score matching across a range of outcomes (e.g., perceptions of school, emotional symptoms, substance use, bullying). Using a sample of 58 public and 5 parochial high schools, the nonmatched analyses suggested a significant advantage for parochial schools students (e.g., better on 23 of 32 indicators). However, the propensity score matched analyses revealed nine differences (e.g., weapon carrying, smoking), two of which (i.e., stress and cyberbullying) favored public schools. While at first glance parochial schools generally appear to be healthier and safer learning environments, accounting for selection bias, the gap was narrowed. Students in parochial schools may struggle with issues related to social, emotional, and behavioral health risk, and thus prevention programs should also be implemented in these settings.     

Scarification and identity in the liberated Africans department register, 1814–1815

This research intersects with ongoing efforts to understand the identity of enslaved Africans entering the trans-Atlantic slave trade. Methods of reading scarification, along with its close analogue tattooing within the African context are a fundamental starting point for this study. Evidence for this approach may be found in the Registers of Liberated Africans, which are held at the Sierra Leone Public Archives at Fourah Bay College and at the National Archives in Kew. These documents, created between 1808–1862, provide data for nearly 100,000 Africans removed from vessels and holding pens which would have sent them to the Americas. Considered in light of anthropological theories of identity and the marked body, this data can be unpacked to find hidden meanings. This study employs a new approach to understanding origins, by translating body modification to understand the information conveyed through the skins of individuals.