In Person

Paul Jones is with Jones & Co., a multi-lingual law firmin Toronto, Canada. He found time in his busy schedule to respondto questions posed by JIPLP. How did you first become interested in IP? I began as a commercial lawyer doing franchising, which ledto an interest in trade marks. Later I had a small client whowas threatened with litigation     

Still Just Rhetoric? Judicial Discretion and Due Process

Judicial discretion is crucial in determining whether, in practice, those accused of crimes experience the protection of due process safeguards during the trial process. In this article, two examples of evidential rules and their judicial interpretation are examined. They are assessed in the context of the common critique that discretion is utilised primarily to the effect of denying due process protections in practice. This analysis takes place in the particular context of the punitive turn in the politics of criminal justice. A detailed examination of the interpretation of s114(1)(d) and s101(1)(d) in conjunction with s101(3) of the Criminal Justice Act 2003, regulating the admission of hearsay and bad character evidence, is carried out in order to gain insight into the modern role of judicial discretion. Conclusions are drawn by proposing some theoretical models of the relationship between statutory content, the interpretation of those provisions and the effects of these on the experience of defendants in criminal trials.     

The Predicament of Writing Political History: The Challenge of the Tacit

Political histories composed by contemporaries (or near contemporaries) are affected by the predicament of confronting the tacit in a past. Three case studies of famous writers of histories of politics in their own times are used to suggest an additional epistemology for political history which relies rather less on representations than has been common since the “Linguistic Turn” privileged the propositional thrall of discourses. My extra element attends to the tacit in human lives: affects and effects in context of the lived‐in and lived‐around of politics. My three case studies suggest that histories of politics and policies by contemporaries and near‐contemporaries do not simply amount to a re‐representation (broadly defined) of past representations (broadly defined). A wide angle is adopted; three case studies treat renowned political historians, ancient, mediæval and modern: Procopius in the mid‐sixth, Commynes in the late‐fifteenth, and A.J.P. Taylor in the mid‐twentieth centuries. Each of these “great” historians of politics was driven to discount the lived‐out‐loud of politics they narrated in, or close to, their own times. The predicament and the response is more general, I believe: all historians of politics have to try to situate and narrate things once taken‐for‐granted. That predicament prompted each of my three — and still prompts historians — to have to transcend “representationalism”. The three cases show how and why history writing about politics also needs to attend to the habitual and tacit in a past, the ubiquitous things seldom represented. A controversial foundation for such an “extra” epistemology is then suggested: Dasein, the being‐of‐being, a key concept of Martin Heidegger's. The writing of political history by contemporaries (or near‐contemporaries) is then conceived as also a (ethnography‐like) study of past life‐worlds‐in‐being. This extra foundation for (very‐old and still current!) writing practices about power and politics emphasises metonyms over metaphors. Surprises discerned from contexts are emphasised over propositions peddled in representations. The metonyms disclosed by my three case studies, which I think apply in most writing about politics by contemporaries or near contemporaries, had to be inferred from contexts, rather than read as discourses. The tacit is elicited by contemporaries from (1) records and recollects of predicaments and situations, and from (2) reading actions as texts. Histories of politics are really about things people once felt and did, more than what they said, in their there‐and‐then.     

Online Obsessive Relational Intrusion: Further Concerns About Facebook

Use of online social networking sites such as Facebook has burgeoned in the last 5 years. We examine these sites as facilitators of Online Obsessive Relational Intrusion (o-ORI)—a much-talked about, but relatively un-researched online phenomenon. We draw parallels between the types of behaviors conducted online and those identified in the literature on relational intrusion and its more extreme relative, stalking. We present a frequency analysis of students’ behavior on Facebook and find evidence of relational intrusion from both offenders and targets. The behaviors can be classified into five different categories, including: primary contact attempts, secondary contact attempts (i.e., contacting others connected to the target), monitoring or surveillance, expressions, and invitations. We conclude that Facebook facilitates behaviors that are indicative of obsessive relational intrusion and that such behaviors have implications for users’ privacy and security.     

Critical epistemology for Analysis of Competing Hypotheses

Analysis of Competing Hypotheses (ACH) promises a relatively objective and tractable methodology for ranking the plausibility of competing hypotheses. Unlike Bayesianism, it is computationally modest. Unlike explanationism, it appeals to minimally subjective judgments about relations between hypotheses and evidence. Yet the canonical procedures for ACH allow a certain kind of instability in applications of the methodology, by virtue of supporting competing rankings despite common evidential bases and diagnosticity assessments. This instability should motivate advocates of ACH to focus their efforts toward creating structured methods for individuating items of evidence.     

Spotlight on solar farms

Solar energy is the most abundant of all renewable energy sources, and the development pressures for solar farms have grown rapidly in the last 5 years within the UK. With this in mind, this paper outlines the characteristics of solar farms, describes their development within the UK, examines some of the issues raised by these developments and offers a concluding discussion of the contributions that public and media relations firms can make to the development of solar farms. The paper reveals that solar farms have been developed on both agricultural land and brownfield sites and that the development pressures are greatest in the South West and South East of England. The findings reveal that proposals to develop solar farms have generated a wide range of environmental, community and economic issues and that public relations companies have an important role to play in fostering the transition from fossil fuels to renewable sources of energy. Copyright © 2013 John Wiley & Sons, Ltd.     

Thinking About Prison Release and Budget Crisis in the Blue Grass State

As of 2003, nearly every state in the country is in budget crisis, looking to cut spending or raise taxes, or both. Kentucky is currently facing a severe budget crisis and is seeking ways to lower its prison costs. We interviewed prisoners, parolees, and correctional staff. Our focus is on reentry and structural problems contributing to parole failure. The discussion is organized around the following themes: the lack of meaningful prison programs, preparing for release from prison, problems finding employment, the parolee relationship with parole officers, the need for protection from minor parole violations, loss of credit for good time served on parole, and the lack of economic resources. Based on our findings, 10 recommendations are offered that, if implemented, would serve to lower the prison population, and save the taxpayers millions of dollars. While the research was conducted in one state the discussion may be generalized to apply to many states.     

NEW DIRECTIONS IN EMPLOYMENT AND TRAINING POLICY: A FEDERAL PERSPECTIVE

The U.S. Department of Labor's "Work Force 2000" project has identified long-term trends that will affect future employment and training policy. These include demographic trends such as a decline in the pool of young labor market entrants and an increase in women, minority, and immigrant workers; the continued shift from goods-producing industries to the service sector; and continued technological innovation in response to increased international competition. These projected changes in the labor market and workplace present a national challenge and an opportunity to tackle the longstanding problems of disadvantaged workers. Cooperative public and private programs to eliminate illiteracy and increase job skills and competencies, ease labor mobility and provide retraining, and attack underlying social problems that support the cycle of welfare dependency and unemployment are needed to provide the workforce America needs for the future.