United Kingdom: Sisters and inheritance tax

Joyce and Sybil Burden are two sisters who have lived togethersince birth and currently occupy a UK farmhouse. When one ofthem dies the other will face a large inheritance tax bill andwill have to sell the     

Microcrystalline identification of drugs of abuse: stimulant street drugs

The microcrystallographic properties of the diliturate (5-nitrobarbituric acid) derivatives of certain stimulant drugs found in illicit street preparations have been determined. These microcrystallographic data can be used as a means of drug identification.     

Database rights' subsistence: under starter's orders

Legal context. The criteria for database rights' subsistenceset out in the Directive on the Legal Protection of Databasesare largely undefined. Guidance on their interpretation hasbeen provided by the ECJ and its guidance on qualifying investmentactivities was applied by the Court of Appeal in the BHB case. Key points. The article comments upon the guidance on the subsistencecriteria for database rights provided by the Advocate Generaland the ECJ in the BHB and Fixtures Marketing cases and analysesthe Court of Appeal's application of the production-processingdichotomy in the BHB case. It offers thoughts on thorny issuessuch as the avoidance of a double benefit for database developersin copyright and database right, the role of investments intechnology, and the effect of the production-processing dichotomyon the risk of monopolies over facts. Practical significance. Database developers seeking databaserights' protection should keep the subsistence criteria in mindwhen devising their processing arrangements, designing theirdatabases, and recording their investment activities associatedwith database development.     

Erewhon: A manifesto of the rehabilitative ideal

Samuel Butler's novel, Erewhon (1872) is well known as a minor literary classic. This article proposes that it is also important in criminological history, in epitomizing a generation of debate about the nature of criminal responsibility. Butler wished to illustrate a paradox: contemporary social and medical sciences showed the role of determinism in causing crime, yet the courts still acted on the myth of free will, individual choice, and responsibility. Butler satirized this by depicting an imaginary world where sick people were stigmatized and punished for a condition they could not help—just as real criminals were blamed for factors beyond their control. The novel is a call for the replacement of deterrent or retributive punishment by rehabilitation and a medical model. It was especially important in the early twentieth century in helping to popularize the attack on free will and deterrence, and in propagandizing for the new discretionary penology.     

Deciding about life-support: a perspective on the ethical and legal framework in the United Kingdom and Australia

This article is concerned with the legal right of health service providers to decide whether to provide life-prolonging treatment to patients. In particular, an examination of recent decisions by the English Court of Appeal in R (Burke) v General Medical Council (Official Solicitor and Others Intervening) [2005] EWCA Civ 1003 and the European Court of Human Rights in Burke v United Kingdom (unreported, ECHR, No 19807/06, 11 July 2006) is provided. An analysis of Australian case law is undertaken together with a consideration of the limits of a patient's legal right of autonomy in relation to choosing life-prolonging medical treatment; the basis upon which such treatment can be legally withdrawn or withheld from an incompetent patient against the patient's earlier expressed wishes that it should be continued or initiated; the concept in ethics and law of a patient's best interests; and the role of courts in adjudicating disputes about the continuation of treatment in light of the recent decisions.