Computer Law still delivers

Reviewing a textbook such as Reed's and Angel's Computer Lawis particularly challenging. The subject matter is broad andrequires a practitioner or academic specialized in the subjectto be able to assess the content properly. The book is alsoa proven brand, and its sixth outing serves as evidence thatit continues to be a popular one. As a reviewer, one shouldkeep in mind     

Cocaine-related deaths: an enigma still under investigation

In recent years there has been an increase interest in cocaine-related death reflecting the rising trend in cocaine use in Europe. Nevertheless it is still now very difficult to attribute a death to cocaine. We can affirm that cocaine can be responsible for the cause of death only when there is a reasonably complete understanding of the circumstances or facts surrounding the death. Isolated blood cocaine levels are not enough to assess lethality, and should be always considered and evaluated in relation to concentrations of cocaine and benzoylecgonine concentrations in body tissue compartments, especially in brain and blood. We have reanalyzed all of our cocaine-related cases from 1990 to 2005, applying the methodology used by Spielher and Reed over 30 years ago. Our aim was to try to validate this model and verify its applicability and effectiveness after 20 years.     

AIDS in the workplace: a program that's still relevant

A new AIDS-in-the-Workplace program being implemented in Québec emphasizes the rights of workers living with HIV/AIDS. The program tackles issues such as confidentiality of HIV status, access to insurance benefits, discrimination, and the need for employers to take reasonable measures to accommodate the disabilities of workers.     

What we know and what we still need to learn

Research has changed the conceptualization of the causes and consequences of violence. Yet some questions remain unanswered. Infants and young children have largely been overlooked, and intraethnic and cultural group variations have not been addressed. There is still a need to address macro-level systematic discrimination in the health care system along with the intrapersonal physiological changes that result from exposure to violence. Fortunately, studies are beginning to show how longitudinal and intervention research can be safely conducted.     

To recommend or not recommend: That is still the question

The boundaries around what parenting plan evaluators should and should not say in their reports to Courts has been debated in both mental health and legal circles for decades. The controversy about whether parenting plan evaluators should make specific recommendations to Courts regarding access plans and decision-making rights revolves around varied views of the limits of mental health professionals' knowledge about such matters, whether they are socio-moral or psychological in nature, and the benefits to children and society of facilitating case-resolution. In the conversation presented below a seasoned family law attorney and a psychologist who is a frequent critic of the practice of making specific recommendations debate this area of controversy.     

The unruly rule in Re Hastings-Bass: are the limits still unclear?

The principle in Re Hastings-Bass is currently enjoying a revival,although it remains controversial; the limits of the applicationof this useful doctrine have yet to be clearly defined. Thisarticle examines the limits as they have been understood byjudges in recent decisions.     

The Vessel Hull Design Protection Act of 1998: is it still afloat?

Legal context. The Vessel Hull Design Protection Act (‘VHDPA’or ‘Act’) is a unique form of industrial designprotection under US law, part of the Digital Millennium CopyrightAct 1998. Congress provided this sui generis form of protectionin response to the Supreme Court's decision in Bonito Boatsv Thunder Craft Boats, Inc. This statute has been underutilizeddue to the difficulty in proving infringement, as unintendedconsequences were caused by the way ‘hull’ was originallydefined under the Act. A bill is pending in Congress that addresseshow a ‘hull’ is defined, eliminating any inclusionof ‘deck’ features, when passed, registrants shouldbe able to pursue infringers with greater success. Key points. The recreational boat manufacturing industry hasbeen plagued by low-cost boat makers who think nothing of takinga competitor's boat hull design, and using it as a ‘plug’to make a casting for their own unauthorized manufacturing use,a counterfeiting technique known in the trade as ‘splashing’a hull. In the eight years since enactment, the boating industryhas generally overlooked this form of intellectual propertyprotection due to the difficulty in proving infringement—thatis likely to change soon. Practical significance. The Act includes the right to excludeothers from making, having made, importing, offering for sale,or using in any trade, any boat hull embodying the protectedhull design. The Act provides compensatory recovery for damagesas well as injunctive relief. The newly revised Act has thepotential to provide a low-cost and effective form of intellectualproperty protection for recreational boat manufacturers whobuild hulls from moulded fibreglass or similar materials.     

… and still we are left wanting: Malta's White Paper on digital rights

CLSR welcomes occasional comment pieces on issues of current importance in the law and technology field from different jurisdictions. In this instance the Government of Malta published a White Paper in October 2012 for public consultation, proposing the introduction of the following four so-called “digital rights” in the Constitution of Malta: (1) the right to Internet access; (2) the right to informational access; (3) the right to informational freedom and (4) the right to digital informational self-determination. The author believes that the proposal is indeed a step in the right direction but lacks punch where it matters most and does not go far enough.