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61.
Legal context. The criteria for database rights' subsistenceset out in the Directive on the Legal Protection of Databasesare largely undefined. Guidance on their interpretation hasbeen provided by the ECJ and its guidance on qualifying investmentactivities was applied by the Court of Appeal in the BHB case. Key points. The article comments upon the guidance on the subsistencecriteria for database rights provided by the Advocate Generaland the ECJ in the BHB and Fixtures Marketing cases and analysesthe Court of Appeal's application of the production-processingdichotomy in the BHB case. It offers thoughts on thorny issuessuch as the avoidance of a double benefit for database developersin copyright and database right, the role of investments intechnology, and the effect of the production-processing dichotomyon the risk of monopolies over facts. Practical significance. Database developers seeking databaserights' protection should keep the subsistence criteria in mindwhen devising their processing arrangements, designing theirdatabases, and recording their investment activities associatedwith database development. 相似文献
62.
Hate crimes are motivated by perpetrators' prejudice toward targets' group. To examine individuals' attitudes toward hate crime perpetrators and targets, participants responded to vignettes of court cases in which the victim's group membership was varied. Results showed that participants recommended more severe sentences for perpetrators when the targets of their crimes were not White males or White females and reported those crimes as more closely fitting the definition of "hate crime." These results show that participants consider penalty enhancements appropriate for hate crimes and that they do not consider crimes against women to be hate crimes, consistent with present hate crime legislation. These results have implications for the utility and support of hate crime legislation but may showcase the resistance to expanding the legislation to protect individuals of other groups, especially women. 相似文献
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64.
Juliet Blair 《Women's studies international forum》1985,8(4):323-334
Because most cultures use the metaphor of Male Godhead to legitimate male control of earthly objects, their women are led to internalise a self-image in which their natural purpose is read as the primary and ultimate bearers and carers of life. This cosmological task is defined as inferior, thus masking the fact that women develop an identity in which their self-evaluation includes the needs and contentment of others. Prevented from operating the same ethical values as their men, their minds and bodies mediate the pain caused to them and others by the limited moral responsibility required of men whose goals must be competitive and instrumental. The effort to articulate symbols to convey the female experience of personal identity as communal identity has involved the international women's movements to provide images unifying materials and spiritual purposes, and simultaneously to force men to see this as superior intersubjective praxis. Empowering women by asserting their interpersonal self-image as the norm is prerequisite for rationalising economic legal and scientific thinking. 相似文献
65.
Chris L. GibsonAuthor Vitae Marc L. SwattAuthor VitaeJ. Mitchell MillerAuthor Vitae Wesley G. JenningsAuthor VitaeAngela R. GoverAuthor Vitae 《Journal of criminal justice》2012,40(6):490
Purpose
This article provides a critical review of the state of research on the gang membership-violent victimization relationship.Methods
This study examines a comprehensive list of published quantitative studies that have assessed the relationship between gang membership and violent victimization.Results
By examining strengths and weaknesses of the design features of various studies, this article identifies theoretical, conceptual, methodological, and statistical issues that should be considered when interpreting the causal effect of gang membership on violent victimization. Some of the methodological and design issues discussed include, but are not limited to, consequences of failing to establish temporal order, failure to conduct sensitivity analyses to determine treatment effects, use of bootstrapping methods with propensity score analysis, measurement of violent victimization, and corrections for dependence in matched samples of gang and non-gang members.Conclusion
Suggestions for future research are provided that will help advance the empirical study of the gang membership-violent victimization nexus. 相似文献66.
Juanita M. Firestone J. Mitchell Miller Richard Harris 《American Journal of Criminal Justice》2012,37(3):432-451
Sexual misconduct has emerged as a widespread problem throughout the criminal justice system as indicated by law enforcement officer sexual assault incidents in various cities and the findings of the recent National Prison Rape Elimination Act Research Commission. Through multivariate statistical analysis of data from two Department of Defense-wide surveys (2002 and 2006), this paper examines the indicators and cofounders of sexism, sexual harassment, and sexual assault with attention to change during the study period. Findings inform a suggested anticipatory model for prevention and intervention in military settings that, based on shared characteristics such as male dominance and authoritarian culture, provide an approximate reference context for criminal justice sexual misconduct best practices consideration. 相似文献
67.
New data show that between 1982 and 2007, in over 60 countries governments were linked to and cooperated with informal armed groups within their own borders. Given the prevalence of these linkages, we ask how such links between governments and informal armed groups influence the risk of repression. We draw on principal-agent arguments to explore how issues of monitoring and control help understanding of the impact of militias on human rights violations. We argue that such informal agents increase accountability problems for the governments, which is likely to worsen human rights conditions for two reasons. First, it is more difficult for governments to control and to train these militias, and they may have private interests in the use of violence. Second, informal armed groups allow governments to shift responsibility and use repression for strategic benefits while evading accountability. Using a global dataset from 1982 to 2007, we show that pro-government militias increase the risk of repression and that the presence of militias also affects the type of violations that we observe. 相似文献
68.
Organic impurity profiling of fentanyl samples associated with recent clandestine laboratory methods
Steven G. Toske PhD Jennifer R. Mitchell MS James M. Myslinski PhD Andrew J. Walz PhD David B. Guthrie PhD Elizabeth M. Guest PhD Charlotte A. Corbett PhD Emily D. Lockhart MS 《Journal of forensic sciences》2023,68(5):1470-1483
Nearly a decade ago, fentanyl reappeared in the United States illicit drug market. In the years since, overdose deaths have continued to rise as well as the amount of fentanyl seized by law enforcement agencies. Research surrounding fentanyl production has been beneficial to regulatory actions and understanding illicit fentanyl production. In 2017, the Drug Enforcement Administration (DEA) began collecting seized fentanyl samples from throughout the United States to track purity, adulteration trends, and synthetic impurity profiles for intelligence purposes. The appearance of a specific organic impurity, phenethyl-4-anilino-N-phenethylpiperidine (phenethyl-4-ANPP) indicates a shift in fentanyl production from the traditional Siegfried and Janssen routes to the Gupta-patent route. Through a collaboration between the DEA and the US Army's Combat Capabilities Development Command Chemical Biological Center (DEVCOM CBC), the synthesis of fentanyl was investigated via six synthetic routes, and the impurity profiles were compared to those of seized samples. The synthetic impurity phenethyl-4-ANPP was reliably observed in the Gupta-patent route published in 2013, and its structure was confirmed through isolation and structure elucidation. Organic impurity profiling results for illicit fentanyl samples seized in late 2021 have indicated yet another change in processing with the appearance of the impurity ethyl-4-anilino-N-phenethylpiperidine (ethyl-4-ANPP). Through altering reagents traditionally used in the Gupta-patent route, the formation of this impurity was determined to occur through a modification of the route as originally described in the Gupta patent. 相似文献
69.
70.
Juliet Kaarbo 《European Security》2016,25(1):28-48
On 29 August 2013, the UK House of Commons inflicted the first defeat on a Prime Minister over a matter of war and peace since 1782. Recalled to debate and vote on UK intervention in Syria, the Commons humbled the government and crucially impacted the development of UK foreign policy. This article places that vote, and the developments leading to it, in the context of the role of parliaments in security policy and explores the relationships between parliamentary influence, leadership, intra-party and intra-coalition politics, and public opinion. From an in-depth analysis of leaders’ statements and parliamentary debate, we find a combination of intra-party politics and party leadership were most significant. An additional factor – the role of historical precedent – was also important. Our analysis explores the fluidity and interconnectedness of the various factors for parliamentary influence in foreign policy and offers directions for future theoretical development and empirical research. 相似文献