A bid for recognition

Last year this journal carried a note¹ on the world's firstauction of intellectual property rights, held in San Franciscobefore the full glare of publicity. Like the Wright Brothers'first manned flight more than a century before it, the firstmanned IP auction attracted a mixture of responses. From thecynical and from those whose interests are served by more traditionalmeans of matching IP vendor and purchaser came words of criticism     

The Democratic Deficit in the States

We study how well states translate public opinion into policy. Using national surveys and advances in subnational opinion estimation, we estimate state‐level support for 39 policies across eight issue areas, including abortion, law enforcement, health care, and education. We show that policy is highly responsive to policy‐specific opinion, even controlling for other influences. But we also uncover a striking “democratic deficit”: policy is congruent with majority will only half the time. The analysis considers the influence of institutions, salience, partisan control of government, and interest groups on the magnitude and ideological direction of this democratic deficit. We find the largest influences to be legislative professionalization, term limits, and issue salience. Partisanship and interest groups affect the ideological balance of incongruence more than the aggregate degree thereof. Finally, policy is overresponsive to ideology and party—leading policy to be polarized relative to state electorates.     

Police Officers’ Perceptions of Body-Worn Cameras in Buffalo and Rochester

Police body-worn cameras have been advanced as a solution to disparate perceptions among the citizenry, public officials, community leaders, and the police themselves in the highly contested arena of police-citizen encounters. As with previous innovations in policing it is important that programs or policies developed for street-level application be planned in advance, and the opinions of police officers should be understood prior to implementation. This study provides survey responses from police officers in Buffalo and Rochester regarding their perceptions of body-worn cameras. Survey items were borrowed from prior research in Phoenix and Los Angeles. It also included items intended to measure the officer’s opinions about examining camera images prior to writing a report, an issue that is the subject of some disagreement among policy makers. Findings suggest similar attitudes toward body cameras not only among Buffalo and Rochester police officers, but also with police officers in other agencies. Almost all respondents agree or strongly agree that police officers should have the ability to review body camera images prior to writing a report. The policy implications of this finding are discussed.     

Deadlier in the U.S.? On Lone Wolves,Terrorist Groups,and Attack Lethality

Scholars, politicians, and pundits increasingly suggest lone wolf terrorists are substantial threats, but we know little about how dangerous these actors are—especially relative to other terrorist actors. How deadly are lone actor terrorists? A growing body of empirical research focuses on terrorist organizations, but similar work on lone actors is sparse. Furthermore, attempts to explicitly compare these or other types of terrorist actors are almost non-existent. This article considers theoretical arguments for why lone wolves ought to be especially lethal. However, it presents an argument for why terrorist groups should generally be more lethal. This argument is conditional upon the environment in which actors operate. Lone wolves should only be more deadly in states with especially strong counterterrorism capacity. The article uses data on terrorist attacks in fifteen developed countries, 1970–2010, to compare the lethality of terrorist acts. Around the world, attacks by organizations tend to be far more lethal than attacks by other actors. In the United States, however, lone wolves are generally the more lethal terrorist actors. This is argued to be because the robust counterterrorism capacity makes organized terrorism more difficult to accomplish.     

Should forum-shopping be a basket case?

Most intellectual property litigants have a tough time. Thesettlement of any legal dispute consumes hours that can be betterused on other things and costs money that is better spent onother things. What's more, a dark cloud of uncertainty hangsover the disputants' business plans until it is lifted by thedispute's resolution. In IP disputes, the situation can be evenmore fraught: the outcome of a dispute may be     

When the figures just don't figure

Last year I received from Jean Pire (Gevers & Partners,Belgium) some data concerning the success rate of litigantsin Office for Harmonisation (OHIM) proceedings involving Communitytrade marks and applications. These figures, drawn from Gevers'database of Board of Appeal, Opposition Division and CancellationDivision decisions, provide food for thought. A curious statistic is the rate at which parties to OHIM proceedingsfail to comply     

Obviousness and IP: time to reconsider

On 6 February, the day this editorial was written, the UnitedKingdom Patent Office surprised members of the local intellectualproperty professions when it launched an unexpected discussionpaper, Consultation on the Inventive Step Requirement in UnitedKingdom Patent Law and Practice and sought informed responseby 31 May. On the assumption that the provisions of patent law are intendedto reflect a balance between the complementary