Software and computer services — A report

The market for software and computer services is increasingly international. Many of the leading companies in the industry are expanding into foreign markets by setting up direct subsidiaries or acquiring local firms or granting licenses. Although there are no significant obstacles to internationalisation, as this report shows, some problems concerning access to public-sector markets, telecommunications and software protection still exist.     

A “meeting of the minds” — The greater illusion

Conclusion Despite a superficial similarity in circumstance, the dynamics of the judicial process of contract interpretation are not equivalent to the circumstances giving rise to the Primacy Dilemma. The Primacy Dilemma involves two parties; the judicial process involves a third: the court. This distinction is critical for while Wittgenstein's exposé of the Primacy Dilemma as illusion does not require that centuries of refinements to theories of contract interpretation be scrapped, it does require an abandonment of the ideal that courts do not and cannot make contracts; courts merely enforce agreements that the parties themselves have reached.Copyright ©1995 by Samuel C. Damren. All rights reserved.     

The changing landscape of legal practice – some of the challenges ahead

In recent years, there has been a rapid growth in the number of multinational law firms. These firms have offices in various jurisdictions worldwide. At the same time, we have seen a growth in the outsourcing of certain legal work to countries, such as India and SE Asia. This is indicative of the globalisation of law. However, it raises problems, especially in terms of the potential for conflicts of interest. This article looks at these developments in light of existing professional practice rules as they apply in Australia as well as other selected jurisdictions. The author concludes that there is a need for a more international regulatory framework in order to respond to these changes.     

“The ties that bind”

This article investigates the different adaptive strategies migrants used to cope with their new surroundings. These strategies have proven to be useful in studying the behavior of migrants in the new country, as they focus on migrants' own actions and their way to play within the structures. Migrants' networks, such as family, friends, and ethnic organizations, were crucial in this. The article focuses on Polish migrants and their networks that supplied support and self-help which were a way of coping, although not to the same degree for every Polish migrant. Networks could also have a conservative and restrictive effect, particularly on women and children. The actions of the migrants were guided by a set of social and normative rules, but these were dynamic and changed according to the needs of the migrants in the new country. Over the generations, traditional values were adapted to the new environment. New ideas were taken from the American culture and modified to the Polish norm (Americanization and feminism in a Polish way).

“Let us become acquainted and know our strength” (from Album Szescdziesiatej [Anonymous 1954 Anonymous. 1954. Album Szescdziesiatej Rocznicy Polskiego Narodowego Katolickiego Kosciola 1897–1957, Scranton: “Straz” Printery.  [Google Scholar], p. 9]).     

Lifetime conviction risk—a synthetic cohort approach

How common are convictions? The stigma of a criminal record can have serious social and financial consequences for the individual. It is a fundamental question in relation to any policy how many people will be affected by it. For example, if it is desirable to make sentencing generally stricter, or restrict ex-offenders' employment opportunities, how many people will that apply to? Little is known about how many people acquire a criminal record over their life-course. In this paper, I apply life-table methods to a synthetic cohort to calculate the lifetime conviction risk. The findings show that a substantial proportion of the population will be convicted of a crime at some point. Not surprisingly, the figures for men are substantially higher than for women.     

The software Proteus – UsedSoft changing our understanding of software as ‘saleable goods’

One of the ongoing conundrums in the field of IT law is the nature of software. Pragmatic solutions have been adopted, and lawyers and developers alike have become comfortable that contracts and licences can be drafted and concluded in relative certainty despite the fundamental conceptual problem. As Atiyah's Sale of Goods puts it:

?…?the key to the conundrum is not to get lost in metaphysical questions as to whether or not software is goods, but to focus on who is being sued in respect of what sort of defect, and to be clear as to the basis on which liability is being imposed. (Atiyah 2010, 78–79)     

The long term recidivism risk of young sexual offenders in England and Wales– enduring risk or redemption?

PurposeTo examine the long-term sexual recidivism risk of juvenile sex offenders in England and Wales, and to compare the risk to that of a first time sexual offense for non-convicted juveniles. Additionally, the study explores the long term sexual recidivism risk of other types of juvenile offenders, and the long term violent recidivism risk of these groups.MethodsThe England and Wales Offenders Index was used to extract birth cohort data. Life table methods were used to estimate cumulative recidivism risk, and discrete time hazard models were used to compare hazard functions.ResultsAt the five year period, 7% of juvenile sexual offenders have been reconvicted of a sexual offense; reaching 13% by the end of the 35 year follow-up. When the reconviction hazard of the juvenile sexual offenders was compared with the first sexual conviction risk of a non-convicted comparison group, the hazards converged statistically after 17 years.ConclusionsThe study has implications for the registration periods of juvenile sex offenders. Indefinite registration for some juveniles needs to be considered, and a review of registration after a conviction free period would provide more balance between the protection of the public and the rights of the offender.     

The “Central Meaning” and Path Dependence: The Madison-Meiklejohn-Brennan Nexus

Justice William J. Brennan's opinion in New York Times Co. v. Sullivan is widely recognized for many reasons, including, as articulated by Professor Harry Kalven, that it put “the First Amendment right side up for the first time” by identifying its “central meaning.” That meaning is the constitutional protection of speech critical of government and its officials – speech vital in a self-governing democracy. Justice Brennan's approach was derived, in part, from the writings of James Madison, to whom the justice refers generously throughout the opinion, and Alexander Meiklejohn, to whom Justice Brennan gave credit only after the fact. This article examines the philosophical lineage from Madison to Meiklejohn to Brennan, and does so through the lens of path dependence, a perspective that advocates that history matters. A critique of path dependence emerges.     

110——“万金油”服务队?

前不久,一个到南京旅游的合肥女孩因没有回家的路费而打电话向110民警借钱。她之所以提出这个“非分要求”,是因为她知道警方有个“有困难找警察”的承诺:“早就听说南京的警察乐于助人……”在110报警服务台工作的罗警官在接受《法律与生活》半月刊记者采访时直摇头:“嗨,像这种事多了。一老太太打110说老伴心脏病犯了,让我们帮忙送医院,接警人员问家中还有其他人吗,老太太说儿子、孙子都在,并反问我们110送不是免费吗,还一再叮嘱我们千万别叫收费的救护车。还有一对夫妻打110,说他们都要上班,孩子在医院无人照料,让110派人帮他们照看孩子…     

The Functional Dynamic of Ukraine's “Maidan”

The author analyzes the dynamics of Ukraine's Euromaidan protest movement. He argues that the movement should be divided into two phases, with the first being organized without support from the political opposition and focused primarily on European integration. This phase ended quickly as a result of repressive actions on the part of the government. In the second phase, the opposition became one of the main driving forces and the goals revolved around regime change.     

The evolution of computer/privacy concerns: Access to government information held in the balance∗

Computers are a mainstay of most record systems at virtually all levels of government. The vast accumulation of personal information by governments has raised concerns about the erosion of personal privacy caused by the speed and efficiency of computers. For more than 30 years, realistic and sometimes exaggerated concerns about the proper role of computers in society have driven the public policy debate, resulting in a raft of legislation designed to protect the privacy of individuals about whom government keeps records.

But these computer /privacy concerns threaten legitimate public and media access to government records. The dangers to access were underscored by the Supreme Court in a holding that publicly available records regained privacy interests when drawn together in a centralized government computer. In other words, the form in which records were kept rather than their content could control access.

This article suggests that understanding the origin and context of the computer /privacy conflict will better prepare access proponents to deal with attempts to curtail legitimate access to government information because of privacy concerns.