The limits of contract law harmonization

Contract law harmonization in the European Union has met with some significant but limited success. This Essay explores some of the psychological and political forces that can complicate or even hinder law reform efforts. Even when there is a general institutional drive for law reform, as there is in the EU, scarce reform resources force attention to be focused on salient issues, while a status quo bias in individual member states by government officials can provide a braking inertia regarding nonsalient legal reforms. This braking influence can be seized upon and enhanced by interest groups that oppose reforms, especially where there is an alternative to proposed law reforms for private entities. In the case of contract law harmonization, contract doctrine that is not focused on providing consumer protections remain nonsalient, commercial entities can solve the confusion of diverse laws by choosing their own, and interest groups in nations whose laws and dispute resolution forums are commonly chosen will oppose harmonization. Thus, the current state of affairs may prove relatively difficult to alter.     

Stability and Change in Positive Development During Young Adulthood

Calls have been made for a greater focus on successful development and how positive functioning can be conceptualized in theory and empirical research. Drawing on a large Australian community sample (N = 890; 61.7% female), this article examines the structure and stability of positive development at two time points during young adulthood. Previously, we developed and empirically tested a model of positive development at 19–20 years comprised of five first-order constructs (civic action and engagement, trust and tolerance of others, trust in authorities and organisations, social competence, and life satisfaction) and a second-order positive development construct. In the current study, we replicated this model at 23–24 years and found that it was again a good fit for the data, and was equally applicable for young men and women. Hence, positive development can be conceptualized according to five important dimensions at both ages. While variable-oriented tests suggested continuity in levels of positive development, person-oriented analyses revealed four distinct patterns of positive development over time—two reflecting stability (stable high [34.5%] and stable very low [11.6%]) and two characterized by change (low/average increasing [30.4%] and average decreasing [23.5%]). There were significant differences in the gender composition of these groups, with young women overrepresented in the more favourable groups. Thus, despite mean level stability, positive development is characterized by change for many young people, suggesting the importance of identifying factors that support young people’s capacity for positive functioning over this transitional period. The current findings contribute to our understanding of the nature and course of positive development over this important period.     

Association of a Mixed Anxiety-Depression Syndrome and Symptoms of Major Depressive Disorder During Adolescence

The relations between an empirically derived syndrome of Anxiety-Depression and an analogue measure of Major Depressive Disorder (MDD) are examined in a longitudinal study of a nationally representative sample of adolescents. Analyses of parents' reports and adolescents' self-reports indicate that there is moderate correspondence between scores on the Anxious-Depressed syndrome and symptoms of the MDD Analogue. Furthermore, scores on the syndrome predicted MDD Analogue symptoms 3 years later with sensitivities ranging from .69 to .71 and specificities from .69 to .93. Meeting criteria for either the Anxious-Depressed syndrome or the MDD Analogue was associated with low social or academic competence and high scores on other syndromes of psychopathology. Implications for integration of empirical/dimensional and categorical/diagnostic approaches are highlighted.     

Ambiguities of xenophobia in a border town: inner city informal traders and Ekasi shopkeepers in the city of East London,South Africa

ABSTRACT

This paper explores the livelihoods, experiences and identities of immigrant informal traders and shopkeepers in the Buffalo City Metropolitan area, which encompasses the centres of East London, Mdantsane and King Williams Town. We primarily use a socio-spatial perspective to analyse informal activity, and offer a particular perspective on how informality has encouraged a type of ‘informal citizenry’ among traders. We argue that informal trading has a very particular history in the region, and that East London’s notoriety as a ‘border city’ and a regional frontier has created a fractured space, which is best expressed through the experiences of migrants and entrepreneurs. We point out that informality is a driver of economic empowerment and equality among traders, but also of xenophobia and difference.     

An overview of the judicial protection of patents in China

Legal context: The present paper introduces how the patent protection systemis organized in China and the competence of various administrativeand judicial instances is reviewed with case studies as illustrativeexamples. Key points: The article describes the patent grant (or refusal) procedureand the means available to an applicant to have a decision reviewed,as well as the prosecution of invalidity actions. Practical significance: Finally, the authors examine responses to patent counterfeitingthrough administrative proceedings along with their practicalimplications. This might possibly involve agreement betweenthe parties, and judicial actions, including both civil andcriminal proceedings.     

Comparing the Scoring of Human Decomposition from Digital Images to Scoring Using On‐site Observations

When in forensic casework or empirical research in‐person assessment of human decomposition is not possible, the sensible substitution is color photographic images. To date, no research has confirmed the utility of color photographic images as a proxy for in situ observation of the level of decomposition. Sixteen observers scored photographs of 13 human cadavers in varying decomposition stages (PMI 2–186 days) using the Total Body Score system (total n = 929 observations). The on‐site TBS was compared with recorded observations from digital color images using a paired samples t‐test. The average difference between on‐site and photographic observations was ?0.20 (t = ?1.679, df = 928, p = 0.094). Individually, only two observers, both students with <1 year of experience, demonstrated TBS statistically significantly different than the on‐site value, suggesting that with experience, observations of human decomposition based on digital images can be substituted for assessments based on observation of the corpse in situ , when necessary.     

Corporate security practices and human rights in West Papua

This article explores the intersections between large extractive companies, security governance and human rights. It contributes to understandings of how extractive companies can influence human rights protection in their areas of operation. Drawing on a case study of West Papua, the article argues that extractive companies have important opportunities to promote human rights through their security practices. However the power of extractive companies to determine human rights outcomes is limited by a variety of factors. Examples include: state narratives of nation-building, the financial interests of security personnel and the history of the company's involvement in the area.