Research on human embryos and cloning: difficulties of legislating in a changing environment and model approaches to regulation

It is difficult to regulate rapidly changing fields of science. New technologies are not anticipated and legislation becomes inadequate. Legislative definitions are also problematic. This article begins with consideration of such difficulties in the context of research on human embryos and cloning. It considers problems with past legislative definitions in Australia, the new regulatory regime, and whether that regime now sets clear boundaries. It is found that problems still exist--some terms are not adequately defined and boundaries for research prove unclear. Three regulatory approaches are therefore discussed. Legislation based on strict definitions is compared to a legislative model that leaves terms undefined. The third model--which combines framework legislation with the oversight of a regulatory authority--is seen as most suitable. However, problems with this model are recognised and suggestions made regarding how to ensure the "framework" remains workable and effective.     

船舶优先权一年时效与行使关系的探讨

船舶优先权1年的有效期在界定上和程序上存在着矛盾。该期间既不同于民法中的时效,也不同于除斥期间。其关键是扣船行为完成的时间是否必须在1年时间之内,还是请求人只要在1年期间内诉求法院便可保住船舶优先权,而具体的执行可留待将来扣住当事船舶以实现船舶优先权。从时效的概念和除斥期间的效能来分析,船舶优先权的保护应以1年内在海事法院立案为限,而不应以1年内必须扣留当事船舶为限。     

From Bilski back to Benson: preemption, inventing around, and the case of genetic diagnostics

The long-anticipated decision in Bilski v. Kappos was supposed to end uncertainty regarding the patentability of process claims (or, at the least, business method claims). Instead, the opinion featured a series of anomalies: The Court emphasized strict construction of the Patent Act, but acknowledged three judge-made exceptions to patentability. It disapproved State Street, the Federal Circuit case that had upheld business method patents, but could muster only four votes for the proposition that business methods are in fact unpatentable. But even though the Court upheld business method patents, it invalidated all of Bilski's hedging claims. And while the Justices agreed on one thing - a patent that "preempts" something (a mathematical formula, an approach, a commonly used idea, a wide swath of technological developments, the public's access) is bad - they failed to operationalize the concept. That problem had plagued the law prior to State Street; in the interest of preventing the same set of problems from recurring, this Article uses recent empirical studies on gene patents to tease out indicia ("clues") to supplement the machine-or-transformation test for determining when a claim is preemptive and therefore invalid. Chief among these clues is the inability to invent around claims that cover broad prospects.     

Clones,controversy, and criminal law: a comment on the proposal for legislation governing assisted human reproduction

In the past few years there has been a tremendous amount of regulatory conflict and social controversy in the area of reproductive genetics. The Canadian government has recently released a proposal for legislating in this complex arena. Although the proposed Bill contains many positive elements, it is argued that the use of the criminal law as a regulatory mechanism is neither warranted nor appropriate. The author suggests a more flexible and responsive system of moratoriums and licenses that would enable review and adjustment to the realities of emerging reproductive technologies is a better approach.     

Cybercrime and legislation: a critical reflection on the Cybercrimes Act, 2015 of Jamaica

Providing sound legislative measure is a critical part of the national and international responses to cybercrime. The primary objective of this research is to raise awareness of the recently enacted Cybercrimes Act, 2015 of Jamaica, which is examined through the lens of the Convention on Cybercrime. The substantive law provisions are explored and it is revealed that there is some level of harmonisation with the Convention on Cybercrime. The analysis also showed that cybercrime laws in Jamaica are a composite of related legislation where these ought to be taken in consideration in any analysis of the currency or suitability for fighting cybercrime.     

No small matter for some: practitioners' views on the moral status and treatment of human embryos

In this paper, we discuss findings from two studies designed to access and analyse the beliefs, attitudes, and behaviours of health-care professionals and scientists working in morally contested fields of biomedicine that involve the embryo. We seek to support the view that the embryo typically 'matters' to the people we interviewed and whose work we observed, even though it is impossible for them to agree in terms of why that is, and even though their work is of the type to which the moral guardians of the embryo object. In the first part of this paper, we touch on the policy and legal position in relation to embryos, noting Margot Brazier's account of the development of the relevant regulation in the UK and the importance of her claim that the embryo is widely thought to have an important symbolic value. We then turn to explore some of the views, attitudes, and work practices of those whose work involves the embryo, whether that be in relation to fertility treatment services, including IVF and PGD, or research that uses embryos. Our discussion shows the extent to which the embryo typically matters, in various ways, to those working in these fields.     

‘Looking back,i wouldn’t join up again’: the lived experiences of police officers as victims of bias and prejudice perpetrated by fellow staff within an english police force

ABSTRACT

Women, ethnic minority and LGB police officers often experience prejudice, disadvantage and exclusion within police forces because of their perceived ‘otherness’ in a predominantly white, heterosexual, male organisation. In the context of an increasingly diverse service, the paper argues that the concept of intersectionality is important in order to understand the experiences of police officers who encounter bias and prejudice because of their multiple, intersecting identities. Drawing on data from qualitative interviews with 20 individuals based in an English police force, the paper examines their occupational experiences of bias, discrimination and exclusion perpetrated by their colleagues and supervisors. Utilising the ‘exit, voice and loyalty’ model, the paper analyses how police officers are affected by, and respond to these experiences. Taken together, these arguments lay the foundation for future work to further understand the experiences of police officers as victims of bias and prejudice due to their multiple, intersecting identities.     

Selected literature on radicalization and de-radicalization of terrorists: Monographs,Edited Volumes,Grey Literature and Prime Articles published since the 1960s

Crime, Law and Social Change -     

Cross-validation of the Self-Appraisal Questionnaire (SAQ): an offender risk and need assessment measure on Australian, British, Canadian, Singaporean, and American offenders

The Self-Appraisal Questionnaire (SAQ) is a 72-item self-report measure designed to predict violent and nonviolent recidivism among adult criminal offenders. The results from using samples from Australia, Canada, England, Singapore, and two samples from the United States (North Carolina and Pennsylvania) indicated that (a) the SAQ has sound psychometric properties, with acceptable reliability and concurrent validity for assessing recidivism and institutional adjustment; (b) there were no significant differences among the scores of the White, African American, Hispanic, and Aboriginal Australian offenders on the SAQ; (c) there were no significant differences among offenders who completed the SAQ for research purposes versus offenders who completed it as part of a decision-making process. Results provided support for the validity of the SAQ to be used with the culturally diverse offenders involved in this research and provided further evidence that contradicts concerns that the SAQ as a self-report measure may be susceptible to lying, and self-presentation biases.