More haste, less speed? BlackBerry in the United Kingdom

The Patents Court for England and Wales has provided importantguidance on the use of the ‘streamlined procedure’for patent cases. This case also highlights how the conflictbetween the procedures followed in patent cases in differentcountries in Europe can affect the tactics employed by litigants.     

穿行于一罚和多罚之间——论“一事不再罚”原则之内涵

“一事”即“一个行为”,其判断取决于对违法行为事实要进行一罚或多罚的考量,这种考量应围绕行政处罚效益、比例原则和法安定性原则进行。而对“不再罚”解读应考虑到行为违反的法律规范的个数及其相互关系,若一个行为同时违反了多个没有竞合关系的法律规范,则可以依照不同规范给予多次不同种类的处罚。     

More police,less crime: Evidence from US state data

Economic theory suggests police and crime are negatively correlated. However, it is surprisingly difficult to demonstrate this relation empirically, as areas with greater numbers of crimes tend to hire more police. In order to resolve this simultaneity, we begin by exploring the structure of the financial relationship existing between state and local governments, arguing that variations in state tax rates can serve as an instrumental variable for local police numbers. Two-stage least square (2SLS) result show that the elasticity of police presence with respect to crime is about ?1.1 for violent crime, and ?0.9 for property crime. These results are mostly significant, and are more negative than those obtained under OLS. Overall, our estimations suggest that police does reduce crime.     

Custody and Visitation in Families With Three (or More) Parents

New technological and legal developments have enabled the formation of three‐parent families. Now that these families have arrived, families—and family law—must adapt to allocate responsibilities among the responsible adults.     

Progress or More of the Same? Electronic Monitoring and Parole in the Age of Mass Incarceration

Often billed as an “alternative to incarceration”, electronic monitoring (EM) is widely trumpeted as a key method of reducing incarceration costs while maintaining public safety. However, little research has been done which closely examines EM in the historical context of mass incarceration and the paradigm of punishment. This article focuses on the use of EM in parole in that broader context. Through research into the legal and policy frameworks for EM as well as via personal interviews with people who have been on EM while on parole, the author concludes that the present EM practice reinforces the dominant punishment paradigm and places major obstacles in the way of the successful re-entry for people returning from prison. He concludes with some concrete recommendations about changes in law, policy and implementation guidelines that would allow EM to operate in an environment more conducive to rehabilitation.     

后工业社会福利国家的压力增加了还是减少了？

尽管对现代福利国家的比较研究已使我们获得了对福利国家如何应对由内因和外因带来的压力拥有了丰富的认识，但对后工业社会这些压力的性质和潜在的含义还不甚明了。在研究的文献中，学者们探讨了诸多对福利国家产生压力的各种社会现象，诸如：全球化、欧洲化、人口的统计规律、个体化和变迁中的劳动力。全球化和欧洲一体化作为外在压力，其对福利国家的影响尚有待证明，而人口老龄化、劳动人口的相对下降、工作年限的缩短、多样化的家庭和个人生活方式等内生压力对福利国家造成的影响要重要得多。压力在后工业社会并不是像大家通常所认为的那样被福利国家消解了或重构了，相反，对福利国家而言，真实情况是压力更多了而不是减少了。     

Skin penetration surrogate for the evaluation of less lethal kinetic energy munitions

Although the benefits of the use of less lethal kinetic energy munitions are numerous, there is a need to evaluate the munitions prior to deployment to ensure their intended effect. The objective of the current research was to validate a surrogate that could be used to predict the risk of penetration of these devices. Existing data from biomechanical testing with post-mortem human specimens (PMHS) served as the foundation for this research. Development of the surrogate involved simulating the various layers of the skin and underlying soft tissues using a combination of materials. A standardized 12-gauge impactor was used to assess each combination. The energy density that resulted in a 50% risk of penetration for the anterior thorax region (23.99 J/cm(2)) from the previous research was matched using a specific combination of layers. Twelve various combinations of materials were tested with the 50% risk of penetration determined. The final validated surrogate consisted of a Laceration Assessment Layer (LAL) of natural chamois and .6 cm of closed-cell foam over a Penetration Assessment Layer (PAL) of 20% ordnance gelatin. This surrogate predicted a 50% risk of penetration at 23.88 J/cm(2). Injury risk curves for the PMHS and surrogate development work are presented.     

Reducing public expenditures for physician services: the price of paying less

The purpose of this paper is to examine how physicians respond to changes in payment levels from government insurers. Our analysis focuses on two issues: controlling overall program expenditures, and assuring full access to care for program clients. We review evidence from natural experiments in which payment levels were increased, frozen, or decreased. These studies show that freezing or reducing payment levels is not effective in controlling program expenditures, because physicians responded by increasing the quantity and complexity of services provided. Furthermore, when government programs freeze or reduce their payment levels, physicians are less likely to treat the clients of these programs. We conclude that policymakers must seek alternative strategies for controlling program expenditures.     

Investigating the impact of extended bar closing times on police stops for DUI

Researchers have often studied whether changes in the availability of alcohol impact associated problem behaviors like drunk driving. In July of 2003, the state of Minnesota approved legislation to extend by one hour the closing time for eating and social establishments that serve alcohol. This study utilized a time-series model to examine the impact of the extended closing time on the number of police stops for DUI in one jurisdiction in Minnesota. While results of the time-series indicated that there was a significant increase in the number of police stops for DUI following this legislative change, incident-specific analyses suggested that this increase might have been largely a result of increased proactive responses by local police. Implications and suggestions for future research are discussed.     

Australia's highest court raises the patent invalidity bar

In a long-awaited decision, the Australian High Court reviewedseveral key questions pertaining to patent validity and inventivestep in particular; in so doing, it has made it harder to invalidateAustralian patents.     

The role of the bar context and social behaviors on women's risk for aggression

The present study is an initial examination of the extent to which the environmental characteristics of bars and social behaviors that women engage in when drinking in this setting are associated with bar-related aggression. As expected, several environmental characteristics (e.g., young patrons, pool playing) and social behaviors (e.g., alcohol consumption, leaving the bar with strangers) were associated with more severe bar-related aggression experienced by women during the past year. These results shed light on the significant problem of bar-related aggression against women and can potentially be used to develop prevention and educational programs.     

More Alive than All the Living

It bears repeating again and again: it is always difficult to write about Lenin, not so much because hundreds of thousands of works have already been written about him (and quite a number of them very talented as well) as for the one single reason, familiar to all, that the tremendous feat that was his life does not submit to the usual standards, and the universal dimensions of his intellect are beyond the scope and grasp of all of us.