Software and computer services — A report

The market for software and computer services is increasingly international. Many of the leading companies in the industry are expanding into foreign markets by setting up direct subsidiaries or acquiring local firms or granting licenses. Although there are no significant obstacles to internationalisation, as this report shows, some problems concerning access to public-sector markets, telecommunications and software protection still exist.     

Trust in the proposed EU regulation on trust services?

A few months after ICRI's 20th anniversary conference the European Commission adopted on 4 June 2012 a draft regulation “on electronic identification and trusted services for electronic transactions in the internal market”. The proposed legal framework is intended to give legal effect and mutual recognition to trust services including enhancing current rules on e-signatures and providing a legal framework for electronic seals, time stamping, electronic document acceptability, electronic delivery and website authentication. Yet, this draft Regulation provokes many questions with regard to the implicit “trust” concept on which it is based. Starting from their experience in the EU FP7 uTRUSTit project (Usable Trust in the Internet of Things: www.utrustit.eu) and in other ICRI research projects, Jos Dumortier and Niels Vandezande have analyzed the proposed legislative text of the European Commission and wrote a few critical observations. Although obviously not presented at the conference in November 2011, it seemed worthwhile to add this contribution to its proceedings.     

Can minimum prices assure the quality of professional services?

This paper studies the effects of a minimum price fixed by a bureaucratic non-monopolistic professional association on service quality and consumer surplus. It shows that the price set by a Niskanen-type professional association will maximize consumer surplus only if consumers demand the highest possible average quality. If consumers demand services of lesser quality, the association’s price will be too high if measured by consumer surplus. Moreover we show that a deregulated market will always reproduce the favorable result of a uniformly high price in the case of top quality demand, while delivering superior results in the case of a mixed demand for high and low quality services.     

HIV-infected prisoners: what mental health services are constitutionally mandated?

State and federal correctional facilities currently have approximately 23,000 inmates who are infected with human immunodeficiency virus (HIV). These inmates suffer from the same mental health disorders as uninfected inmates but are additionally subject to mental health problems uniquely related to their HIV infection. Many prison systems are struggling to provide minimal mental health care to uninfected inmates. How will prisoners address the additional mental health needs of the staggering number of inmates being diagnosed with AIDS and HIV? This article describes the type of mental health services that are constitutionally mandated and discusses whether and how prisons will have to respond to the distinct mental health issues related to HIV infection.     

Access to justice: is legal services regulation blocking the path?

Abstract

High prices and lack of innovation have placed expert legal services beyond the reach of too many Americans and Canadians. Is legal services regulation exacerbating common law North America's access to justice problem? Does regulatory maintenance of a unified legal profession, and insulation of that profession from non-lawyer influence, make it more difficult for people here to meet their legal needs? This article argues that, although regulatory liberalization is not a magic bullet for the accessibility of justice, there is strong evidence of a link between regulation and access. North American lawyer regulators need to understand, and work to reduce, the effects of their policies on the accessibility of justice.     

To allot or not to allot public services? An incomplete contract approach

Using an incomplete contract framework, we analyze the consequences of allotment in public procurement. Allotment aims at dividing a public service into several lots that can be awarded to different operators. This increases the number of bidders during the competitive tendering, as well as it reduces the size of the service managed by each operator. We model the impacts of allotment both on price and quality of public services provided under public procurement. When the quality of services depends on non-contractible efforts made by the operators during the execution of the contract, our results show that (1) the operators have higher incentives to make non-contractible efforts when there is no allotment, and that (2) allotment does not maximize the joint payoffs of the public and private parties (i.e. the total surplus), but mainly benefits public authorities representing the users of the service.     

Prisoners with psychosis in England and Wales: diversion to psychiatric inpatient services?

The prevalence of psychosis among prisoners in England and Wales is ten times that in the household population and UK government policy is that prisoners should receive equivalent care to those in the community. This study investigated the implications of policy to divert more from the criminal justice system for psychiatric treatment. Psychotic prisoners were compared with psychotic persons in households and with other prisoners in two surveys of psychiatric morbidity in representative samples of the UK population. Psychotic prisoners were younger, more from ethnic minorities, with comorbid anxiety, substance misuse, ASPD, and childhood behavioural problems compared to psychotic persons in households. Less than a third had received previous inpatient treatment. Psychotic prisoners had similar criminal histories and higher psychopathy scores than non-psychopathic prisoners. Diversion is unfeasible without improved screening for psychosis and increasing bed numbers at higher levels of security to accommodate more patients who would pose high risk to the public. Future research should investigate why UK psychiatric services fail to identify psychotic prisoners and provide aftercare.     

Banking in the cloud: Part 1 – banks' use of cloud services

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explores the extent to which banks operating in the EU, including global banks, use public cloud computing services. It describes how banks are using cloud computing and the key drivers for doing so (such as time to market), as well as real and perceived barriers (such as misconceptions about cloud and financial services regulation), including cultural and technical/commercial aspects. It summarises how banks have approached the cloud and how cloud providers have approached the banking sector.Part 2 of this paper will cover the main legal and regulatory issues that may affect banks' use of cloud services, including how the regulation of outsourcing applies to banks' use of cloud services. Part 3 will look at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the paper.     

Are bar associations anticompetitive? An empirical analysis of recommended prices for legal services in Spain

The European Commission Report on Competition in Professional Services found that recommended prices by professional bodies have a significant negative effect on competition since they may facilitate the coordination of prices between service providers and/or mislead consumers about reasonable price levels. Professional associations argue, first, that a fee schedule may help their members to properly calculate the cost of services avoiding excessive charges and reducing consumers’ searching costs and, second, that recommended prices are very useful for cost appraisal if a litigant is condemned to pay the legal expenses of the opposing party. Thus, recommended fee schedules could be justified to some extent if they represented the cost of providing the services. We test this hypothesis using cross-section data on a subset of recommended prices by 83 Spanish bar associations and cost data on their territorial jurisdictions. Our empirical results indicate that prices recommended by bar associations are unrelated to the cost of legal services. Therefore, we conclude that fee schedules are not playing the role of providing useful cost information to practitioners and therefore this efficiency justification is weak.     

Tuning knowledge ecosystems: exploring links between hotels’ knowledge structures and online government services provision

The development of knowledge-based business opportunities in many economic sectors worldwide is often conceived through a silo-mentality, whereby efforts are focused in either industry or government entities in isolation. Without a systemic or holistic understanding of connections between these, any present or future project evaluation becomes either input- or output-based instead of having a comprehensive understanding of its impact. In order to address such a challenge, this empirical study focuses on the Spanish hospitality sector, which currently thrives by continuously accessing external and internal sources of knowledge, thus offering opportunities to conceptualise it as a knowledge ecosystem. Lessons learned from the Spanish hospitality sector have the potential to inform the design of online government services as part of a knowledge ecosystem. This can, in turn, yield further opportunities for innovation in the hospitality sector. A structural equation model validated by factor analysis of 130 hotels is used to assess the extent to which hotels currently benefit from online government services. This study concludes that online government services can be better fostered by nurturing external communities while also setting up internal working communities and practices. The model and its implications can also inform initiatives which seek to pursue ecosystem-oriented research and practice, as well as future policy and technology transfer initiatives.     

Are women really difficult? Challenges and solutions in the care of women in secure services

Abstract

Concern about the approach to the care of women in secure hospitals led to radical Department of Health Guidance in 2002 and 2003. This paper explores the views and experience of senior clinicians and managers involved in delivering care through semi-structured interviews. The gendered nature of the therapeutic challenge and the complexity of the women in their care are both articulated as well as the extent to which respondents see themselves as having addressed clinical practice guidance. Service delivery is substantially informed by the ideas of relational security, attachment theory and the recovery model. Traditional concepts of security were considered unhelpful in the care of women. Reliance on respondents’ views as to the quality of care offered must remain limited in view of the continuing absence of corresponding clinical outcome data. However, their responses should inform amendments to current service organisation.     

Forensic mental health law reform in Japan: from criminal warehousing to broad-spectrum specialist services?

Since the 1980s Japan has undergone a number of mental health law reforms culminating in the 2005 forensic law. This added to its enactments on involuntary commitment, long-term aged care and substitute decision making, bringing Japan into focus as an industrialized state now possessed of a full package of civil and forensic provisions. This article seeks to demonstrate that the new forensic law cannot achieve its own stated goals without seeking to put into place financial and administrative supports aimed to integrate the myriad of patient populations that will be inevitably affected by the new forensic system. In order to avoid the widespread syndrome that has already been experienced internationally of warehousing mentally ill offenders in jails, it is critical that the Japanese government develop effective and culturally sensitive techniques for dealing with low risk populations through a diversionary process. Furthermore, although the legislation addresses serious crimes, it is imperative that policies be put into place to avoid directing young offenders, violent patients from the general hospital system, the developmentally handicapped, already convicted persons found in hospital settings and problematic cases in the correctional system, to the new forensic units established by the legislation. It is only though contemplating unintended outcomes of the legislation that the Japanese government will be able to avoid the ongoing stigmatization and prolonged institutionalization of mentally ill populations. Despite apparent cultural differences internationally vetted human rights requirements must be properly protected, not only in the forensic context, but throughout the mental health system at large. The coordination of services and the development of specialty training are necessary conditions for the realization of improved and humane conditions for mentally ill persons in Japan.     

Setting the standard? New Zealand's approach to ensuring health and disability services of an appropriate standard

This article critiques how health and disability providers' competence is monitored in New Zealand. The New Zealand Health and Disability Commissioner has the responsibility to uphold health and disability consumers' rights, including the right to an appropriate standard of care. Analysis of opinions examines how services of an appropriate standard are measured. Changes have been made to the Commissioner's investigative process since the current Commissioner took office in 2000, and comparison between opinions from 1999-2000 and 2004 assesses the impact of changes for providers and consumers. Currently, service providers interpret standards; a new approach is required to ensure consistent standard application so that consumers' rights are promoted according to the legislation.     

The ‘Short Addiction Program’: experiences from an intervention by the correctional services in Norway

Do participants in a short term training program in prison find that it helps them to cope with their addiction better than before? This article explores the effects of a pilot project conducted in two Norwegian prisons. The study is based on interviews with 16 participants. The data show that the program increased inmates’ motivation and provided them with better tools to deal with their addiction. The conclusion is therefore that this kind of program could be the first step towards enabling prisoners with addictions to cope better with the challenges involved.     

Should providers be allowed to extra bill for uncovered services? Debate, resolution, and sequel in Japan

Japan has managed to provide universal coverage at relatively low cost by containing prices and restricting the conditions for which services can be billed in the compulsory social health insurance (SHI) program. However, decline in Japan's economic growth ushered in new actors backed by the prime minister who proposed that the providers should be allowed to extra bill for services not covered by the SHI. In 2004 they took the strategy of drawing the attention of the public to areas where the rigidity of the current prohibition appeared to be unfair and ridiculous. They were opposed by the Ministry of Health, Labor, and Welfare and the Japan Medical Association, who strongly objected on the grounds of safety and equity. The compromise reached by the two ministers in charge led to a clarification of the services that are to be covered and of the process for extending coverage to new procedures and drugs. The prohibition on extra billing has remained essentially unchanged, but the momentum for deregulation has been lost. In 2005 an alternate proposal was made to contain SHI expenditures by introducing a global cap on health expenditures and increasing out-of-pocket payment. Although this proposal was not fully adopted, the gradual decline in SHI benefit levels could lead to a renewed move to allow extra billing.