Of form and format

At a conference of Russian media lawyers and programme producersin Moscow this June, considerable attention was devoted to thelegal status of television and radio programme formats. Partof the cause of this attention was the apparent ambivalenceof the law: if you want to adapt a format that has been developedby someone else, the developer will assert its ownership ofthe format right and threaten     

Criminal culpability: The possibility of a general theory

In this article, I try to do two things. First I analyse critically the suggestion that the principles of criminal culpability can be explained by reference to a single, all-encompassing concept, such as “defiance of the law”. I then go on to explain the foundations of criminal culpability by reference to three interlocking theories — the capacity theory, the character theory, and the agency theory. I conclude that even these three theories may not be sufficient to explain the complex structure of culpability, which is shaped as much by shared cultural understanding as by moral theory.     

NASP program technology: An example of transfer benefit for the medical industry and spinback benefit for the government

Technology developed in the National Aero-Space Plane (NASP) program is finding its way into a variety of applications ranging from aerospace to automotive to medical. The NASP Technology Applications Integrated Product Team (IPT) is pursuing technology transfer opportunities to promote the wide use of NASP-developed or-inspired materials in these and other industries. While product innovations and enhancements serve the commercial sector well, they also spin back to the government in the form of cheaper, higher-performing systems and components.     

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.     

ALMOST,BUT NOT QUITE: THE FAILURE OF NEW YORK'S GET STATUTE

The quandary of Jewish women unable to remarry because of their husbands’ refusal to grant them religious divorces is a real problem affecting real people. Husbands are wielding this lopsided power to “extort” money from their wives, obtain favorable child custody settlements, property settlements, and child support payments. The burgeoning divorce rate is certain to exacerbate this problem. Already, this situation has garnered international attention. In the wake of New York's legislative attempt to remedy this problem, countries, including the United Kingdom and Australia, have promulgated legislative solutions to this dilemma. New York is the only state in the United States to pass such a statute. Unfortunately, New York's statute is flawed because it is of limited applicability and still allows for situations in which the Jewish wife is civilly divorced but religiously married. This Note proposes amending New York's statute to make it applicable to any and all divorce proceedings and to any barrier to remarriage. This Note will further recommend that the proposed amended statute should be adopted worldwide.