New challenges for copyright protection - Co-Reach in IPR in New Media Workshop II

The Co-Reach IPR in New Media organised a workshop on ISP Liability in London on December 7, 2010 and an EU-China Copyright Policy meeting in Vienna from December 9-12, 2010. The Workshops come at the crucial time when new regulations are being crafted to tighten copyright protection in cyberspace.     

Personal data protection in employment: New legal challenges for Malaysia

The purpose of this article is to discuss and apply data protection principles in the context of employment. The Personal Data Protection Act (PDPA), passed by the Malaysian Parliament in 2010, has affected many aspects of life in Malaysia, including employment. Storage of data by employers is rampant. Management, as the data user, is duty bound to safeguard the employees' data according to the PDPA. Likewise, the employees, as data subjects, enjoy some rights under the PDPA. The author also examines issues of privacy law: whether such law exists in Malaysia and, if so, whether it can be reconciled with the PDPA's principles. The author adopts legal methodology anchored in exploratory analysis, with the legislative text as the main reference point.     

Games of policy and practice: multi-level dynamics and the role of universities in knowledge transfer processes

The Journal of Technology Transfer - This paper adopts a multilevel, longitudinal case study approach to analyze universities’ institutional role and their contributions to society. It...     

Evaluation of Purkait's triangle method for determining sexual dimorphism

The identification of sex from the skeleton is an important demographic assessment in medicolegal investigations. Rama Purkait developed a method for estimating sex using measurements from a triangle defined by three points on the proximal end of the femur using skeletal material from Bhopal, India. This method was tested with measurements on 200 Indo-European and African American adult femora from the Terry collection using discriminant function analysis to determine if Purkait's method was valuable for determining sex in Americans. A side-by-side analysis was conducted of Purkait's "triangle method" and the maximum diameter of the femoral head to determine their relative value in assessing sexual dimorphism. In the study sample a single variable from Purkait's method provided 85.5% prediction accuracy, similar to 87% for the head diameter. Combining threshold values for a single variable from Purkait's method and the femoral head diameter raised the predictability to greater than 90% for both sexes.     

刍论高校应急管理机制的完善

面对层出不穷的高校突发事件,当前我国高校的应急管理机制暴露出诸多问题与不足。为回应现实需要,我们应该从科学界定高校应急管理机制的概念与特征出发,在客观分析当前我国高校应急管理机制存在的诸多不足与问题的基础上,从应急管理理念、预警机制、决策机制、动员与保障机制、舆论引导机制、事后恢复机制等方面完善高校的应急管理机制。     

Knowledge flows between universities and industry: the impact of distance,technological compatibility,and the ability to diffuse knowledge

The Journal of Technology Transfer - This paper uses citations to university-issued patents to investigate the knowledge flow from 91 US research universities to businesses assigned to...     

Legal liability of universities for students

This article involves analysis of the nature of the legal relationship between universities and their students. The development of a general perception that students are consumers of services provided by the university or their clients responsible for paying their own fees has led to an increased likelihood of students seeking legal redress for inadequacies in their educational experience. Recognition of the contractual basis of the arrangement and the resultant legal remedy for breach of the contractual terms has provided the means by which rights can be enforced. However, there are also a number of areas of law (under statute and the common law) which can be utilised for this purpose. These areas are summarised and the difficulties associated with their utilisation identified. The need to reform the system of student complaints in universities and the legal framework for enforcing their legal rights is discussed and recommendations put forward.     

Ethical challenges in everyday practice for healthcare lawyers

A lawyer representing healthcare clients confronts numerous ethical issues in day-to-day practice. The authors, practicing healthcare attorneys, first give a quick overview of the history of today's rules of legal ethics, and then turn to hypothetical (but realistic) scenarios to examine counsel's duties under various circumstances. The Article concludes with an examination of the overriding duties of confidentiality and privilege, which guide the analysis of ethical concerns in all areas.     

New wine and old wineskins: Four challenges of restorative justice

Conclusion Dissatisfaction with the current paradigm of criminal justice is leading to new programs with different visions. Some, such as restitution, can be incorporated into existing structures. Others, such as victim-offender reconciliation, point to a possible new approach to criminal justice—restorative justice. In some ways, restorative justice is simply a new application of an ancient vision. It is new wine from old vines. But those of us who celebrate the harvest are advised to remember the parable of new wine and old wineskins. Before we begin to pour—before we insert restorative features into familiar responses to crime—we would do well to reflect on what the consequences may be.This article has considered four likely consequences: the challenge to abolish criminal law, the challenge to rank multiple goals, the challenge to determine harm rationally, and the challenge to structure community-government cooperation. Although each challenge is significant, I have argued that all can be effectively addressed. Indeed, they must be if criminal justice is to become—using Justice John Kelly's image—a means of healing the wounds of crime.B.A., Wheaton College 1971; J.D., DePaul University 1975; LL.M., Georgetown University 1993. I gratefully acknowledge the assistance of Dr. Karen Strong, David Carlson, Thomas Crawford, and Dr. Daniel Dreisbach.     

Metric assessment of the "mastoid triangle" for sex determination: a validation study

Recently, a metric approach to skeletal sex determination was published by Paiva and Segre which is based on the summation of two triangular areas defined by three distinct craniometric landmarks: Porion, Mastoidale, and Asterion. According to the authors, values for the total triangle > or =1447.40 mm(2) are characteristic for male crania, while values < or =1260.36 mm(2) are indicative of female skulls (95% confidence). In order to evaluate the method's validity, two sex- and age-documented samples of different provenience were analyzed (N=197). The results show that while the indicated measurements display significant sex differences, the technique is of little practical meaning where a single individual must be independently classified. It is hypothesized that differences in the expression of sexual dimorphism as well as a population-specific variability of the asterion location undermine the value of the mastoid triangle as a sex determinant.     

Transnational organized crime challenges for future research

This essay and review seeks to assess the state of empirical research on transnational organized crime, drawing on a review of the English language academic literature. It identifies major themes and research questions as well as methodological approaches, and summarizes key findings. It also addresses challenges to meaningful research, arguing that internationally coordinated research projects will be necessary in the future to arrive at the insights necessary to inform theory and policy.     

解读检察体制改革之难

从一个关注司法改革的学者的角度看,在过去的十余年里,当司法改革成为我国整体改革中最具活力的一个领域的时候,相关的学术研究还存在着种种不尽人意的地方。一个明显的现象是,法院制度的改革似乎吸引了更多的关注。在涉及到法院的问题上,近年来法学界翻译了不少国外作品,发表了不少论文和著作,一次又一次的学术研讨会不断地举行,实务界与学术界之间的良性互动格局也已经初步形成。但是,与此形成对比的是,从整体上看,在有关检察制度的问题上,学术研究却显得不是那么活跃,成果也没有那么丰硕。     

New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.