In Person

Shane Smyth is a popular and well-known personality in internationaltrade mark circles, where his friendly face and amicable demeanourprovide the frontage for a mordant     

In Person

This month JIPLP interviews Gonzalo Ulloa y Suelves, a well-knownpersonality not only with the Spanish and European intellectualproperty professions, but also internationally. Gonzalo graduatedwith a Master of Law degree from the Universidad de Madrid     

In Person

Ellen has more than 20 years of experience practising trademark and IP law. Formerly a partner and the head of the trademark department with one of the largest intellectual propertyfirms in Israel, she specializes in global branding, trade markand trade     

In Person

Professor Gomulkiewicz is currently undertaking research intothe history of IP licences in Oxford. He is usually based atthe University of Washington Law School where he directs thegraduate programme in IP law and policy. Prior to joining thefaculty, he was Associate General Counsel at Microsoft. He     

In Person

Clare, a partner in London solicitors Collyer Bristow, specializesin IP litigation. Much of her work involves trade mark/passingoff litigation, although copyright and design orientated mattersalso constitute important areas of practice for her,     

In Person

Paul Jones is with Jones & Co., a multi-lingual law firmin Toronto, Canada. He found time in his busy schedule to respondto questions posed by JIPLP. How did you first become interested in IP? I began as a commercial lawyer doing franchising, which ledto an interest in trade marks. Later I had a small client whowas threatened with litigation     

Is Age Irrelevant? Perceptions of Young and Old Adult Eyewitnesses

In Experiment 1, we videotaped elderly and younger adults (n = 69) reporting their memories for a crime video. The seniors were significantly less accurate than the younger adults. In Experiment 2, participants viewed the testimony videotapes and rated the elderly as less credible than the younger adults. In Experiment 3, participant-jurors (n = 302) evaluated transcribed testimonies provided by Experiment 1 participants. The ostensible age of the witnesses was manipulated. Thus, some participants read a senior's testimony believing it was provided by a younger adult and vice versa. Participants were apparently not biased by negative stereotypes of seniors' eyewitness capabilities.     

Detention Short of Arrest For Questioning in England: An Update

This research sampled 163 nations of the world to determine the use and non-use of capital punishment for 1980–85. The first conclusion was that the majority of the nations do have a legal device to administer capital punishment (77% with Yes; N = 126). The 22 nations who executed averaged 4.2 executions, per year. When the other nations are factored in, the average is 1.57 “official executions” per year (N = 163). Many nations have the legal device to execute, but few do. The top nations reporting were South Africa with 111, and Mauritius with 25 (per year 1980–85).

The average age for execution for the 42 reporting nations was 18. The United States of America was the only nation reporting for less than 16 years old. The following “methods of execution” were reported:

1.

Hanging (N = 26, 57%)

2.

Shooting (N = 11, 24%)

3.

Beheading (N = 7, 15%)

Nations also excluded from the death penalty for the following reasons:

1.

Mental Illness

2.

Juveniles

3.

Pregnant Woman

Only 7 nations reported “open” or “public” executions.     

Forget-E-Not: Environmental Liabilities Poised to Rise?

Forget-E-Not: Environmental Liabilities Poised to Rise?

All authors

William M Wilt, Vinay Saqi, Brian Church & Vinay Misquith

https://doi.org/10.1080/10406020490506481

Published online:

10 August 2010

Table     

Julia Holden

An English solicitor who has practised with Italian law firmTrevisan & Cuonzo since its establishment in 1993, Juliais a member of the INTA Anti-Counterfeiting and EnforcementCommittee and also participates in the Anti-Counterfeiting Group.She is the author of a number of chapters of leading referenceworks dealing with Italian intellectual property law. How did you first become interested in intellectual property? The experience of working for the Performing Right Society,the     

In Person

Barbara Cookson was a patent agent who qualified as a solicitorback in 1992 when it seemed probable that there would be a convergenceof professional service firms. It did not happen. After partnershipin two large commercial law firms, Barbara has reverted to thesolitude of a     

In Person

Miri Frankel is Manager, Legal Affairs, with The Beanstalk Group,which develops and manages turn-key, strategic global licensingprogrammes on behalf of owners of famous brands and trade marks.Beanstalk's clients include Harley–Davidson, Jim Beam,Jack Daniels, Shell and Volvo. Miri, a New Yorker, holds degreesfrom New York University and     

Comment on Forni's "Using Stationarity Tests in Antitrust Market Definition"

Economic analyses of prospective mergers must typically be undertakenwith limited data. Often prices are the only available data,so it is tempting to use their time series alone. Certainly,simple and robust measures of the extent of the market basedon limited data would aid merger analysis immensely. However,a couple of examples show how Forni's suggested methodologycan lead one astray. Consider a differentiated products market with demand systemln D_i(p_i, p_j) = 1 – ln p_i + ln p_j, i, j = 1, 2, i j,with associated constant marginal costs c₁ = _t c, c₂     

Sexual Orientation and the Effects of Intimate Partner Violence

Studies have demonstrated a relationship between intimate partner violence (IPV) and depression and other mental health issues such as suicidal behavior and posttraumatic stress disorder. Despite the breadth of the literature, there is a dearth of information specifically regarding the effects of IPV in same-sex relationships. Information regarding the prevalence of substance abuse and health issues in non-heterosexual IPV victims when compared to heterosexual IPV victims will be extremely helpful in developing tailored victim services to sexual minorities. This study uses the National Violence Against Women Survey to examine hypothesized relationships between IPV, its effects, and sexual orientation. Given the higher prevalence rates of IPV in same-sex relationships (Messinger, 2011 Messinger , A. ( 2011 ). Invisible victims: Same-sex IPV in the National Violence Against Women Survey . Journal of Interpersonal Violence , 26 , 2228 – 2243 .[Crossref], [PubMed], [Web of Science ®] , [Google Scholar]), logistic regression models are used to test the hypotheses that non-heterosexual victims of IPV will have higher rates of depression, substance use, and health issues.     

Prefatory Note

In 1954, the Supreme Court of the United States ruled that segregatedschools were inherently unequal in the historic Brown v. Boardof Education decision. At that time, schools in the South weresegregated by law, and those in many other districts were defacto segregated by either official policy or housing patterns(Clotfelter, 2004). In addition     

Judge or be judged: accepting judicial appointment in an unlawful regime

Judicial independence is generally accepted as a key component of the rule of law. It empowers judges to make unbiased decisions without concern for political repercussions. In countries governed by an unconstitutional, unlawful or corrupt regime, such as Zimbabwe,2 International Bar Association Human Rights Institute, Zimbabwe: Report Highlighting the Critical Situation Faced by Judges and Lawyers in Zimbabwe (2001). View all notes Swaziland,3 International Bar Association Human Rights Institute, Swaziland: Law, Custom and Politics – Constitutional Crisis and the Breakdown in the Rule of Law (2003). View all notes Pakistan4 International Crisis Group, Building Judicial Independence in Pakistan (9 November 2004). Available at: www.crisigroup.org/home/index.cfm?1=1&id=3100, accessed 1 February 2010. View all notes and Fiji,5 International Bar Association Human Rights Institute, Dire Straits: A Report on the Rule of Law in Fiji (2009). View all notes that independence, and in turn the rule of law, is threatened. More particularly, acceptance of judicial office in an unlawful regime could be regarded as making an implicit bargain with the government to recognise its validity.6 See, in relation to Fiji, Chief Justice R. French, Judges in Fiji face ‘interim’ problem, The Australian (Sydney), 2 May 2008. View all notes

This article begins with a discussion of the importance of judicial independence, both from a national and an international perspective. It then examines the standards of judicial integrity and some of the factors that impact upon independence, including appointment and tenure, and the less obvious influence of jurisdiction. The article then moves on to consider the issues arising from acceptance of judicial office in an illegal regime in the context of Fiji, where lawyers and judicial officers have recently been forced to decide whether or not to accept appointment in a regime with an unelected government. After outlining the background to the latest events in Fiji, the article examines the competing considerations and ethical dilemmas involved in deciding whether to accept judicial appointment in an illegal regime. It then goes on to consider the possible repercussions of accepting such appointment from both a disciplinary and criminal perspective.