Baker & McKenzie's annual review of developments in EU law relating to IP,IT & telecommunications

This is a summary of the Baker & McKenzie columns on developments in EU law relating to IP, IT and telecommunications. This summarises the principal developments in 2009 that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas and which were reported on in this column in 2009. It seeks also to update any further development which may have taken place in relation to the specific topics since originally reported. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Judicial Review Without Rights: Some Problems for the Democratic Legitimacy of Structural Judicial Review

This article addresses an issue overlooked in most of the literatureon judicial review: the legitimacy of judicial review of a constitution'sfederal and structural provisions. Debates about the legitimacyof judicial review—at least as conducted throughout theCommonwealth—are usually focussed on rights. These debatesappear to assume that the power of courts like the AustralianHigh Court and the Canadian Supreme Court to interpret and enforcefederal and structural provisions is unproblematic. This articletests that assumption and concludes that those who hold democracy-basedobjections to constitutional rights should seriously reconsider,and perhaps oppose, federal and structural judicial review aswell.     

L’érosion de l’autorité musulmane à Ouagadougou: le discours de militants de l’Association des Elèves et Etudiants Musulmans au Burkina

Abstract

Whilst religious radicalism is at the heart of media and scientific preoccupations, this study shows that, in Burkina Faso, Muslim authority has experienced a steady regression in the urban environment of Ouagadougou. On the basis of interviews conducted with young Muslims at the University of Ouagadougou, the article proposes a reflection on the factors that are causing such an erosion of authority. If the spiritual dimension of this authority is not being called into question, the temporal dimension is undergoing a process of de-legitimisation, which is increasing in line with the interpenetration of the religious and political spheres as well as the discrediting of the semi-authoritarian regime of Blaise Compaoré. In addition to highlighting the fragmentation of the sectors of authority, the study allows for better identification of the position of youths (“cadets sociaux”) in the religious field.     

The medical licensing examination debate

National licensing examinations are typically large‐scale examinations taken early in a career or near the point of graduation, and, importantly, success is required to subsequently be able to practice. They are becoming increasingly popular as a method of quality assurance in the medical workforce, but debate about their contribution to patient safety and the improvement of healthcare outcomes continues. A systematic review of the national licensing examination literature demonstrates that there is disagreement between assessment experts about the strengths and challenges of licensing examinations. This is characterized by a trans‐Atlantic divide between the dominance of psychometric reliability assurance in North America and the wider interpretations of validity, to include consequences, in Europe. We conclude that the debate might benefit from refocusing to what a national licensing examination should assess: to achieve a balance between assessing a breadth of skills and the capacity for such skills in practice, and focusing less on reproducibility.     

Conclusion: European Governance in a Changing World: Interests,Institutions, and Policy-Making

ABSTRACT

This article concludes the special issue by outlining the author’s perspective on 40 years of research on interests, institutions, and policy-making in sub-national, national, and supranational settings. The first part of the article five general comments is developed on 1. the relationship between politics and policies, 2. vertical widening in terms of multilevel European policy-making; 3. horizontal widening with regard to New Modes of Governance; 4. democratic legitimation in multilevel governance; and 5. methodological considerations. The second part of the article substantiates the five comments and relates them to the other articles in the special issue. The overall picture which emerges is that European governance has expanded and transformed significantly over time which has led to a complex system in need for democratic accountability and legitimacy.     

Support for Palestinians among Jewish Americans: the importance of education and contact

The violent and protracted Israeli–Palestinian conflict continues, and Jewish Americans play a significant role in influencing related US foreign policy as well as in promoting positive interactions with Palestinians globally. Diaspora populations have played an important role in international peace processes and American Jews are actively involved in peace efforts for Palestinian human rights. Previous research indicates a relationship between views about Israel, knowing Palestinian narratives, and promoting peace processes. Thus, the attitudes and experiences that Jewish Americans have are important to understand and predicting their support for Palestinians. An online internet survey distributed to Jewish listservs (n = 173) measured variables of gender, age, political views, Jewish socialization, family and own attitudes about Israel, courses on the conflict, and having been to the West Bank. Results indicated younger, more liberal Jewish Americans who had taken courses and been to the West Bank predicted more support for Palestinians. Implications for future research and education as an important process in moving the peace process forward both through interpersonal relationships and public policy efforts are discussed.     

Contested meanings,myths and hyperimages of the apocalypse: the Bakhtin Circle and the politicisation of catastrophism

This article considers the depoliticising effects of current images and myths of apocalyptic visions, such that the world faces a catastrophe whether this emerges from environmental degradation, mass migration, terrorism, or global financial collapse. In our digital media age, apocalyptic images are now also captured through the raw footage of actual disaster events. In the article we call such footage, “hyperimages”. The power of the hyperimage is not, as Baudrillard once said, that reality is “just like the movies”, rather, hyperimages demonstrate that the image captured and shown to others is all too real because they depict actual everyday disasters. Importantly, such is the power of hyperimages that they are often employed by the political right to help them construct a hegemonic project aiming to win state power and to influence state policies. Drawing on the Bakhtin Circle, however, we show that hyperimages are also mediated and circulated through a multitude of social groups and voices in society, which contain seeds of radical heteroglossic alternatives to that of the right. Following this, the article then examines how responses to apocalyptic hyperimages can be politicised in a progressive direction.     

How Stable and Reasonable is Postcommunist Public Opinion? The Case of the Czech Republic

The quality of democracy depends on both politicians and citizens. While most attention has focused on politicians, this paper looks at citizens. There has been some scepticism about whether the postcommunist public is prepared to rule their countries. The legacies of communism and the rigours of the transition may have produced citizens whose opinions are unstable and ill-informed and therefore a poor basis for democratic policy making. This paper tests this proposition by considering the nature of public opinion in the Czech Republic. Its main conclusion is that postcommunist public opinion is more reasonable than conventional wisdom suggests. Opinions on most policies change slowly if at all and when they do change the changes are prompted more by gradual shifts in mores than by political manipulation. This suggests that citizens in the region are prepared to have a significant voice in policy making.     

‘Merely Birds of Passage’: Lady Hariot Dufferin’s travel writings and medical work in India, 1884–1888

This article examines the travel writings and medical work in India of Lady Hariot Dufferin, Vicereine of India between 1884 and 1888. Lady Dufferin accompanied her husband, the Viceroy Lord Dufferin, through various social and political engagements in India, and carved her own niche in colonial and post‐colonial history as a pioneer in the medical training of women in India. The article examines her travel writings on India and explores the nature of her complicity in the Raj, as well as the gendered nature of the separate public role she created for herself in relation to her ‘zenana work’ in providing medical care for the women of India. The author suggests that, through her work, Lady Dufferin challenges and extends the theoretical paradigms of post‐colonialist and feminist critiques of empire.     

‘Bad’ Boys and ‘Sad’ Girls? Examining Internalizing and Externalizing Effects on Parasuicides Among Youth

Suicide and parasuicides (i.e. suicidal ideation and suicidal attempt) have long been recognized as serious social problems, especially among youth. A series of logistic regression models were developed incorporating various internalizing and externalizing risk factors experienced by young people with the goal of predicting parasuicides among Canadian youth. The main objective of the research is to determine whether or not there are significant sex differences between these internalizing and externalizing influences on suicidal behavior. Data were used from the National Longitudinal Study of Children and Youth—Waves 3 through 6, for a total sample of 2,499 15-year olds (48.9% male). Results show that both suicidal ideation and attempt are more frequent for girls compared to boys. Contrary to expectations, externalizing problems had a greater impact on girls and internalizing problems had a marginally greater impact on boys. This casts doubt on the notion that “bad boys” and “sad girls” are at greater risk for suicidal behavior. These results are discussed in light of their substantive importance, policy implications, and suggestions for future research.