The Lockhart Review: where now for Australia?

In 2005 a Legislation Review Committee, known as the Lockhart Review, undertook a review of the Commonwealth legislation regulating human embryo research. The report that emanated from the review was released in December 2005. If the report recommendations are implemented by the Federal Government, Australian scientists will be permitted to create human embryo entities currently known as "human embryo clones" by the process known as somatic cell nuclear transfer to develop stem cell lines for research purposes. Many argue that stem cells have the potential to be developed into valuable medical therapies that could assist with, or cure, serious diseases such as Type 1 diabetes and Parkinson's disease. This article analyses the evidence presented to the Lockhart Review and the report recommendations. It assesses where the Lockhart recommendations would place Australia in terms of worldwide embryo research. It is argued that the Federal Government should fully embrace the recommendations so that Australia can progress stem cell research to its fullest potential.     

What Is Forensic Psychology,Anyway?

The issue of how forensic psychology is defined has taken on a new urgency in the context of an application to have forensic psychology designated a specialty by the American Psychological Association. To provide a historical perspective, I briefly review early attempts to apply psychological concepts to legal issues, beginning with the McNaughten trial in England in 1843. I then review current conceptualizations of forensic psychology, which have either a broad focus on all psychology–law interactions or focus more narrowly on clinical applications to the legal system. Potential advantages and disadvantages of each conceptualization are briefly discussed. After touching upon the major differences in the cultures of psychology and of law, I discuss three law-related areas of contemporary controversy: use of clinically based evidence in the courtroom, recovered memories of child abuse, and the use of the criteria-based content analysis technique to evaluate children's claims of sexual abuse. Issues concerning the education and training of psychology–law scholars and practitioners are briefly surveyed. I conclude that a broad conceptualization of forensic psychology is important in terms of relevant ethical standards, but that a more narrow distinction that differentiates between clinicians and researchers or legal scholars also is useful.     

User review portability: Why and how?

User reviews of products on the e-commerce platforms are a critical determinant of inter-platform competition, as a large number of consumers base their purchasing choices on the related reviews written by other users. The network effects between the number of reviews and new users give a sustainable competitive advantage to incumbent platforms. While business literature has recognised the commercial value of the user reviews, legal scholarship has paid little attention to levelling the playing field between incumbents and new e-commerce platforms by exploring the portability of user reviews. This paper bridges this gap. We explore the possibility of porting user reviews through two legal mechanisms—first, traditional Intellectual Property law; second, the new Right to Data Portability (RtDP) as enshrined in the GDPR. After recognising the limitations of these mechanisms in enabling the portability of reviews, we suggest that pure data aggregators, such as Personal Information Management Services (PIMS), are best placed to make user reviews available to multiple platforms.     

Sentencing white-collar criminals: when is shaming viable?

When does shaming work as an alternative to incarceration and fines in sentencing white-collar criminals? In the light of recent economic downturn and highly publicised instances of white-collar crime, public opinion has demanded harsher sentences for white-collar criminals. In order to appease this demand, as well as consider the pressing problem of prison overpopulation, alternative sanctions, such as formal shaming, have been increasingly studied. Through examination of the costs and consequences of incarceration and shaming, this article will explain that since the costs of shaming sanctions are largely fixed, shaming sanctions are most viable when used in conjunction with alternative sanctions so that courts can impose sanction bundles of costs commensurate with the level of offense committed by an offender.