The Semiconstrained Court: Public Opinion,the Separation of Powers,and the U.S. Supreme Court's Fear of Nonimplementation

Numerous studies have found that elite and popular preferences influence decision making on the U.S. Supreme Court; yet, uncertainty remains about when, how, and why the Court is constrained by external pressure. I argue the justices are constrained, at least in part, because they fear nonimplementation of their decisions. I test this theory by utilizing a recent study of judicial power, which finds the Court enjoys greater implementation power in “vertical” cases (those involving criminal and civil liability) than in “lateral” cases (all others; e.g., those involving schools or government agencies). I find that Court constraint is strongest in important lateral cases—those cases in which implementation depends on support from nonjudicial actors. My findings suggest that Supreme Court constraint is driven by the justices' fear of nonimplementation and is, therefore, dependent on institutional context.     

The Promise and Perils of Interpretivism in Australian International Relations

Australian International Relations (IR) was once a hybrid of American and European styles of political science, but today it is dominated by a British‐inspired post‐positivism which has its virtues – and its vices – and which utilises various interpretive and semi‐interpretive approaches. This paper welcomes the ‘interpretive turn’ in Australian IR, but recognises its weaknesses, and argues that, to overcome them, interpretivists must be clear about what interpretivism should and should not entail. It argues that a thoroughgoing interpretivism offers two things that qualitative work in Australian IR desperately needs: a revived focus on explaining international relations, as well as understanding it, and a renewed engagement with other fields and other modes of studying the field.     

A repository of 14 PCR-loci Italian gene frequencies in the World Wide Web

A collection of 6830 typing results produced by the Immunohematology Laboratory at the UCSC, pertaining to 11 STRs (FES/FPS, vWA31, HUMTH01, F13A1, MBP, D21S11, D7S460, D18S51, CD4, TPOX, CSF1PO) and 3 AmpFLPs (D1S80, APO-B, COL2A1), is publicly available as an electronic archive at a website.     

For the health of the economy and patent system: rationale and scope of patent attorney privilege

Legal context: There exists, in some countries, a patent attorney privilege.This privilege allows an actual or potential holder of patentrights to withhold from a court communications that it has hadwith its patent attorney. The privilege is not recognized inall jurisdictions and there is variation in the extent of theprivilege in those countries where it does exist. Key points: This article explores the rationale for the privilege in orderto see if there is a sound basis upon which to found it. Througha consideration of the justifications for other legal privileges,the article finds that patent attorney privilege is a justifiableprotection for communications between clients and their patentattorneys. If there was a possibility that the communicationswould have to be revealed in court, this may impact the fulland frank nature of the communications. Such communicationsassist patent attorneys, as professionals with expertise ina specialized field, to provide clients with appropriate andeffective advice. That advice goes directly to the maintenanceand benefit of the patent system and the overall economy. Practical significance: As a result of the variation in the extent of the privilegearound the world, there are moves afoot to reform its operation.This article reveals strong public policy reasons for the recognitionof a patent attorney privilege. These grounds also reinforcethe need to ensure that privilege is not unduly limited in itsoperation in any jurisdiction.     

Barriers Inhibiting Industry from Partnering with Universities: Evidence from the Advanced Technology Program

This paper describes a small, unique set of project data that was assembled as part of a larger study on universities as research partners. Herein, we summarize, to the extent possible, our interpretation of what the project data reveal about barriers, intellectual property (IP) concerns in particular, inhibiting industry from partnering with universities.     

Post-conflict justice in divided democracies: the 1984 anti-Sikh riots in India

Abstract

Official figures claim that almost 3000 people were killed, and many more injured or displaced, in four days of rioting aimed at the Sikh population of Delhi in late October and early November 1984 following the assassination of Indira Gandhi. This article analyses the efforts made to address the human rights violations that occurred. It argues that as a divided democracy, India has struggled to do justice to the victims, despite multiple commissions of inquiry, compensation schemes and a prime ministerial apology. It argues that this has occurred not simply because of challenges commonly faced by democracies dealing with similar incidents, but also because of the particular problems faced in a context in which we see continuity of rule by a political elite allegedly implicated in the abuse and in which there is acute concern for the survival of a fragile divided polity.     

MEDIATION AND DIVORCE

This article describes the Danish system, tracing its roots from the days when the crown dealt with all matters involving the family. The role of the amtmen in granting divorce through this administrative process is described. A total of 94% of all divorces in Denmark are handled through this procedure.     

A single approach to the recovery of DNA and firearm discharge residue evidence.

The Laboratory of the Strathclyde Police Forensic Support Department extracts DNA from cellular material recovered from garments submitted as evidence. The standard method used an adhesive tape attached to a plastic or acetate support. This paper demonstrates a method whereby a single sample, recovered from clothing, can be examined for Firearm Discharge Residue and then extracted for DNA.