EU update

This is the latest edition of Baker &; McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Police Officer Attitudes Toward Muslims and Islam: “Worlds Apart”?

American Muslims may be the most diverse group of Muslims in any country in the world. There are an estimated 5–7 million Muslims in the United States. They represent a number of different nationalities, ethnicities, and interpretations of Islam. Moreover, over the past few years there appears to be an increase in the immigration of Muslims to the United States. Law enforcement agencies are currently concerned with the danger of “homegrown” terrorists and terrorism in the U.S. American Muslims likely represent the best source of information regarding those who have been dangerously radicalized within their various communities. To cull important information from the community, police agencies need to contact and communicate with their Muslim population. The ability to achieve these goals would seem to be shaped by both organizational and individual officer understanding and perception of both Muslims and Islam. Organizations and officers with accurate views would likely find efforts at communication and information exchange more fruitful. The current research seeks to assess the knowledge of and attitudes toward Muslims and Islam among our sample of American police officers. Four general areas will be explored in the survey. First, we examine the respondents’ general understanding of many of the basic tenets of Islam. Next, we wish to explore some of the respondents’ attitudes regarding Muslims and Islam. Third, we explore the respondents’ perception of media treatment of Muslims and Islam. Last, the level of officer contact with Muslims is examined.     

Delivering Science into Public Policy: An Analysis of Murray‐Darling Basin Sustainable Yields Assessment as a Model for Impact

The desire to base policy at least in part upon scientific information is a clear trend in Australian governance. The growing literature on how to facilitate this intent highlights a few important principles complemented by examples from the application of social sciences. An example from a very large research project based on physical sciences responding to a national crisis is presented in the context of how it approached delivery to policy‐makers. The Murray‐Darling Basin Sustainable Yields Assessment, widely considered an outstanding success in both scientific terms and for its impact, is reviewed with respect to how the scientific challenge of assessing the future security of water resources in Australia's most important and politically contentious catchment translated into the policy domain. The lessons learned offer a potential template for science with policy intent.     

On special protections for rescuers and helpers

There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously offences that current English law trivialises.

Ventilatory and metabolic demands during aggressive physical restraint in healthy adults

We investigated ventilatory and metabolic demands in healthy adults when placed in the prone maximal restraint position (PMRP), i.e., hogtie restraint. Maximal voluntary ventilation (MVV) was measured in seated subjects (n=30), in the PMRP, and when prone with up to 90.1 or 102.3 kg of weight on the back. MVV with the heaviest weight was 70% of the seated MVV (122+/-28 and 156+/-38 L/min, respectively; p<0.001). Also, subjects (n=27) were placed in the PMRP and struggled vigorously for 60 sec. During the restrained struggle, ventilatory function (V(E)/ MVV) was 44% of MVV in the resting PMRP. While prone with up to 90.1 or 102.3 kg on the back, the decrease in MVV was of no clinical importance in these subjects. Also, while maximally struggling in the PMRP, V(E) was still adequate to supply the ventilatory needs.     

Mitochondrial DNA amplification success rate as a function of hair morphology

This study examines the amplification success rate of mitochondrial DNA from human head hair with respect to their potential for forensic application. Mitochondrial DNA was isolated using a Chelex-based extraction method and amplified using the LINEAR ARRAY duplex PCR system. The particular focus of this study was to characterize the morphological features of human head hair in order to further the understanding of the factors that influence amplification success rate in hair tissue using the LINEAR ARRAY duplex PCR system. 2554 head hairs from 132 individuals representing four population groups were amplified. The hair samples were characterized as follows: 1251 were identified microscopically as telogen hairs and 1303 were classified as hairs without roots (removed before extraction). Amplification success was assessed as a function of several independent variables: morphological characteristics; telogen root versus no root; donor age; scalp origin; use of cosmetic hair treatments; and race of the donor. The results show that a positive correlation exists between amplification success and the presence of a telogen root. Combining the amplification success with either the original or optimized protocol, telogen hairs result in an overall success rate of 77.5% compared with 65% for hairs with no roots. Controlling for telogen hairs, the findings indicate that the overall success rate is independent of cosmetic hair treatments; medulla structure; shaft length, diameter, and volume; and scalp origin. Conversely, the age of the donor, the race of the donor, and hair pigmentation all contribute to a variation in amplification success rate.     

Latent Profile Approach to Duration of Stalking

Abstract: Stalking behavior and victim–stalker relationship are often the principal known factors in a stalking case. Thus, they are of great importance when trying to identify factors contributing to stalking duration. The present study aims to identify distinct subgroups of stalking victims based on measures of behavioral stalking dimensions. These victim subgroups, stalking dimensions, and victim–stalker relationship are examined in relation to stalking duration. Using a sample of 137 university students, latent profile analysis (LPA) revealed five distinct victim subgroups based on stalker behavior dimensions: surveillance, low‐profile, social lurker, wide scope, and baseline stalkers. The subgroups were significantly related to stalking duration and explained a considerable amount of the variance along with the stalking dimensions and victim–stalker relationship. Connections to stalking literature and utility of person‐orientated methods in stalking research are discussed.     

EU update

This is the latest edition of Baker &; McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.