US 11th Circuit rules that a mark must be likely to be seen to cause confusion

The 11th Circuit upheld the District Court's ruling that therewas no likelihood of confusion when a company's trade name wasimproperly used on component parts in a water-meter readingsystem, manufactured and sold by other companies. The 11th Circuitfound that the plaintiff had not shown that it was likely thatrelevant consumers would ever see its trade name used on componentparts within the larger meter system. Where relevant consumerswere not likely to encounter the use of the plaintiff's tradename, there could be no likelihood of confusion.     

The prevalence of violence and relation to depression and illicit drug use among incarcerated women in Recife, Brazil

PurposeTo assess the prevalence and different types of violence experienced by women prisoners in Brazil and the effects of violence on women's depression and illicit drug use.MethodsParticipants (N = 377) were incarcerated women from a state prison in a northeastern city of Brazil. Multivariate logistic regression models (adjusted for age, education, partner status, prison history, drug related offense, and sentencing status) were used to assess associations between each type of violence (physical abuse, sexual abuse, and life threats) and each outcome variable: recent depression and illicit drug use.ResultsThe majority of participants (87%) reported experiencing some type of violence in their lifetime, including physical violence (83%), sexual victimization (36%), and threats on their life (29%.) Sexual violence was significantly related to both recent depression (Odds Ratio (OR) = 2.8; 95% Confidence Interval (CI) = 1.4–5.3) and recent substance use (OR = 2.7; 95% CI = 1.6–4.4) in adjusted models. Experiences of life threats were also significantly associated with illicit drug use (OR = 2.2; 95% CI: 1.3–3.7), as was physical violence (OR = 2.4; 95% CI: 1.2–4.9); however, neither of these latter two violence variables were significantly associated with depression.ConclusionReports of lifetime violence victimization among this incarcerated sample of women were extremely prevalent and relevant to women's depression and illicit drug use. Prison efforts to address women's depression and illicit drug use may be most effective by incorporating aspects related to women's history of victimization, especially given the high rates of violence experienced by women in this sample.     

Fear of crime and criminal victimization: Gender-based contrasts

Extant research on the fear of crime and criminal victimization had generally found that women express greater levels of fear than men. Using survey data, this study contrasted perceptions of safety and the fear of personal and property victimization among male and female respondents. Specifically considered was the relationship between demographic characteristics, fear facilitators, fear inhibitors, neighborhood context, and crime-related fear. Results indicated some gender differences in the influence explanatory variables had on fear, although not all achieved statistical significance. For both gender groups, respondents' perceptions of their neighborhood as orderly and satisfactory had the largest effect on perceptions. Gender-based differences in the outcome of the analyses further supported that males and females experienced fear based upon different factors.     

Evaluation of a Teen Dating Violence Prevention Intervention among Urban Middle-School Youth Using Youth Participatory Action Research: Lessons Learned from <Emphasis Type="Italic">Start Strong Boston</Emphasis>

Almost half of adolescents aged 11 to 14 have dated and between 10 and 30% report experiencing Teen Dating Violence (TDV). However, there are no evidence-based TDV prevention interventions designed for afterschool, community-based settings with middle-school youth, in high-risk neighborhoods. Start Strong Boston (SSB) is a model that fills all three gaps, founded on partnerships between the Boston Public Health Commission, community afterschool sites, academic experts and evaluators, and youth. Here, we describe the SSB program and discuss how this collaboration built upon successes of this peer-engaged intervention, by developing and implementing a youth participatory action research (YPAR) evaluation study of SSB. Use of the YPAR framework tested the feasibility of employing Peer Researchers in an interdisciplinary evaluation team. We describe how through participation in evaluation research, Peer Researchers improve professional and leadership skills while informing measurement and conceptualization of a program affecting their own neighborhoods. Lessons learned are presented.     

THE INEQUITY AND INAPPROPRIATENESS OF APPLYING STATUTES OF LIMITATIONS TO CIVIL ACTIONS ARISING FROM CHILDHOOD SEXUAL ABUSE

This research examines the long-term consequences of childhood sexual abuse, the unique circumstances surrounding such abuse, and how these circumstances lead to victims being unable to expeditiously initiate civil action against their abusers. The unfairness and the inappropriateness of applying traditional time limitation principals to plaintiff victims of childhood sexual abuse are then discussed. Finally, a more equitable test to be applied to cases involving actions by adult victims of childhood sexual abuse against their abusers is proposed.     

Chinese Security in the Post-11 September World: Implications for Asia and the Pacific

In the aftermath of the terrorist attacks of 11 September 2001 and the Bush administration's policy changes, Chinese strategic specialists are engaged in a wide ranging and increasingly public debate over China's national security strategies and priorities. Although senior leaders continue to argue that most trends remain favorable for Chinese security interests, far more cautionary assessments are also being voiced. In this article, Jonathan D. Pollack, chairman of the Strategic Research Department, US Naval War College, points out that the increased complexity and differentiation in Chinese policymaking reveals multiple trends at work. Even as Chinese policymakers emphasize their keen desire to reinforce regional stability, the longer-term picture remains clouded, from the Taiwan straits to the Korean peninsula to Central Asia to future developments in nuclear weapons policy. Pollack argues that there is a compelling need to invigorate exchanges between senior officials in Beijing, Washington, Tokyo and other major capitals, lest China and other states undertake policies that undermine the prospects for long term regional stability and security.     

Efforts to Improve Public Policy and Programs through Data Practice: Experiences in 15 Distressed American Cities

Philanthropies and government agencies interested in children's issues are encouraging localities to improve the process of collecting, linking, and sharing microdata and aggregated summary statistics. An implicit assumption of these efforts is that outcomes will improve as a result of the new approaches. However, there has been little systematic study of these efforts. In this article, we examine efforts to improve data practice in 15 distressed American cities. Interviews conducted in these cities revealed variation in the types of information collected, dissemination, and intended audiences. We identify significant challenges to these efforts, including adequate resources, turf battles, technical problems, access to information sources, inconsistent leadership, and absence of political will. We find that little is known about the impact of these initiatives on decision making. Assumptions that improved data practice will lead to improved policy making have not yet been realized in these cities.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

The Conviction of Dr. Crippen: New Forensic Findings in a Century‐Old Murder

Abstract: Dr. Hawley Crippen was accused and convicted of murdering his wife in London in 1910. Key to the conviction was microscopic analysis of remains found in the Crippen’s coal cellar, which were identified as Cora Crippen based on a scar she was said to have. Dr. Crippen was hanged, always proclaiming his innocence. In this study, genealogical research was used to locate maternal relatives of Cora Crippen, and their mitochondrial haplotypes were determined. Next, one of the pathology slides of the scar was obtained, DNA was isolated, and the haplotype was determined. That process was then repeated. Finally, both DNA isolates were assayed for repetitive elements on autosomes and repetitive elements specific to the Y chromosome. Based on the genealogical and mitochondrial DNA research, the tissue on the pathology slide used to convict Dr. Crippen was not that of Cora Crippen. Moreover, that tissue was male in origin.