Inspiration is not infringement

Features in a coin-operated arcade game ‘Pocket Money’inspired similar features in subsequent coin-operated games‘Jackpot Pool’ and ‘Trick Shot’, butdid not amount to copyright infringement as they did not forma substantial part of the original game.     

When is an assault not an assault? The Canadian public's attitudes towards wife and stranger assault

There is no distinction in the Canadian Criminal Code between assaults committed on strangers and assaults of spouses. Traditionally, however, wife assault has been considered a private affair, and it has been argued that this attitude continues to be reflected in the police response to domestic disputes. In this study of 240 adults'written responses to assault scenarios, the victim-offender relationship produced variations in ratings of seriousness, in the relative amounts of blame attributed to the victim and offender, and in the recommended police response. In general, nondomestic recidivist offenders tended to be treated most harshly by the subjects, as did offenders who assaulted their victims inside a private house. Additionally, female subjects gave higher ratings of seriousness of the offense, and considered future violence by the offender to be more likely, than did male subjects. The findings are explained in terms of the subjects' ability to identify with the offender, although the decision-making process in judging cases of assault is evidently complex. The implications of these findings for police officers with discretionary powers are considered.

     

Compulsory HIV testing after an occupational exposure

In December 2001, the Ontario legislature passed Bill 105, authorizing a Medical Officer of Health to order blood testing of a source person in the event that emergency service workers and "good Samaritans" (as well as other categories of people) may have been exposed to a communicable disease. Similar legislation (Bill C-217) is before a committee of the House of Commons. This article discusses the value of information about the health status of the source person, Bill C-217 and Bill 105, current public health guidelines, recent Canadian research, and the conclusions of Backgrounder prepared by the Canadian HIV/AIDS Legal Network.     

When functionality is not fatal

The Court of Appeal has confirmed that, under both UK and EuropeanCommunity law, functional designs can be protected by unregistereddesign right provided that there exist other means of achievingthe same purpose.     

Sex offender treatment is not punishment

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.     

When Crime is not an Option: Inspecting the Moral Filtering of Criminal Action Alternatives

Many theories assume legal compliance stems from rational deliberations about consequences of disobedience. In contrast, morality theories such as Wikström’s Situational Action Theory contend personal morality and moral contexts provide a “filter” prohibiting some people from perceiving and contemplating criminal actions as realistic possibilities. We examine this moral filtering hypothesis using face-to-face household survey data from 573 adults in the Dhaka District of Bangladesh. Results suggest individuals with higher levels of personal morality (moral beliefs; guilt from contemplating violence; moral identity; emotional empathy) and exposure to strong moral settings are less likely to contemplate aggressive and violent actions in response to a provocation. Furthermore, these dimensions of personal and contextual morality appear to be indirectly linked to violent criminal actions through individuals’ tendencies to contemplate aggressive actions when provoked. Overall, our initial inspection of the moral filter hypothesis provides substantial support and highlights areas for theoretical clarification and additional research.     

Radon gas: contractor liability for an indoor health hazard

Many families throughout the United States have recently detected dangerously high concentrations of radon gas inside their homes. Radon, a carcinogenic gas produced from uranium, has been discovered in structures overlying uranium-bearing rock. This discovery may result in litigation to determine contractor liability for building upon radon-releasing rock sites. This Note examines the strengths and weaknesses of the various theories of contractor liability and considers potential statutory claims under the Clean Air Act. The Note suggests, as an alternative approach to recovery, a proposed regulatory scheme and implementation plan.