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.     

Accepting Authoritative Decisions: Humans as Wary Cooperators

Why are people more willing to accept some governmental decisions than others? In this article, we present results from a series of original experiments showing that people's reactions to a given outcome are heavily influenced by the procedure employed to produce the outcome. We find that subjects react much less favorably when a decision maker intentionally keeps a large payoff, thereby leaving the subject with a small payoff, than when that same payoff results from a procedure based on chance or on desert. Moreover, subjects react less favorably to outcomes rendered by decision makers who want to be decision makers than they do to identical outcomes selected by reluctant decision makers. Our results are consistent with increasingly prominent theories of behavior emphasizing people's aversion to being played for a “sucker,” an attitude that makes perfect sense if people's main goal is not to acquire as many tangible goods as possible but to make sure they are a valued part of a viable group composed of cooperative individuals.     

Who Said Production Was Simple?: Delineating the ‘Public Production Process’

This is a response to Robert Gregory's discussion of the author's article 'Towards a New Public Management Model', AJPA 52(2). It argues that Gregory has misunderstood the rationale of the author's 'public production process' model. He misrepresents the model as simplistic and as understating the complexities of politics in public administration. As a result, the potential promise of Gregory's alternative conception is inadequately realised.     

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.     

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.     

Co‐Production of Public Services in Australia: The Roles of Government Organisations and Co‐Producers

This article adds to the emerging empirical literature on citizen co‐production. Based on a telephone survey of 1000 Australian adults, it replicates a five‐country European study focusing on three policy domains: neighbourhood safety, environment, and health (Loeffler et al. 2008). It shows that individually performed and closely reciprocal activities with high levels of private value are performed the most often, whereas group activities producing mainly public value are the least performed. We found no evidence of a relationship between service satisfaction and co‐production, or between information provision/inclusion/consultation and co‐production, which challenges some of the previous literature on what might motivate citizens to co‐produce. Citizen self‐efficacy has a modest relationship with co‐production levels in each of the three policy domains. These findings have implications for policymakers, and pave the way for future empirical research in this field.     

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.