Attack of the killer acronyms: the future of information technology law

This paper looks at the field of information technology (IT) law and its reliance on the buzzwords, jargon and acronyms that tend to alienate serious discussion about some of the deeper socio‐legal issues involved. It is often easy to become confused by the terminology and the technology, which has led to some non‐issues receiving too much interest (the year 2000 bug for example) and some valuable and worthy topics being almost ignored. Some writers and researchers may be tempted to neglect the field because of a lack of understanding of the technology, which may eventually lead to the end of IT law as a serious field of research. This paper will attempt to re‐ignite the jurisprudential debate about the future of IT law research, teaching and practice by looking at the possible trends emerging from the literature.     

Euvoluntariness and just market exchange: moral dilemmas from Locke’s Venditio

It is a maxim of Public Choice that voluntary exchanges should not be interfered with by the state. But what makes a voluntary market exchange truly voluntary? We suggest, contra much of the economics literature, that voluntary exchange requires consent uncoerced by threats of harm, but that this is not sufficient. In particular, a person pressured to exchange by the dire consequences of failing to exchange—e.g., dying of thirst or hunger—is still coerced, and coerced exchange cannot be voluntary. The weaker party’s desperation gives the other party unconscionable bargaining power. We argue for a distinction, based on a neologism: in the case of coercion by circumstance but not by threat, exchange is still voluntary in the conventional sense, but it is not euvoluntary (i.e., truly voluntary). We will argue that all euvoluntary exchanges are just, while non-euvoluntary exchanges may or may not be unjust; that in competitive markets all exchanges are just, even those that are not euvoluntary, while in bilateral monopolies some exchanges are neither euvoluntary nor just. We will propose a mental device, the “fictitious negotiation”, to determine the just price in non-euvoluntary market exchanges. A primitive version of these ideas can be found in a little known monograph by John Locke, which we will analyze in detail.     

Transplantation of organs and tissues and some reflections on the "solidarity" of the human cadaver in Portugal

The article presents the legal situation of transplantation medicine in Portugal and presents some interesting statistical data. The author defends the opting-out system and presents an argument in favour of such solution, taking into account the mandatory nature of forensic autopsies.     

The impact of research and technology organizations on firm competitiveness. Measurement and determinants

The objective of this work is to evaluate the impact of research and technology organizations (RTO) on firm competitiveness. To this end, we develop a framework that includes strategies to deal with the methodological problems highlighted in the literature. The main features of this framework are the definition and classification of different types of impacts, the estimation of (rough) quantitative measures of them and the development of a multivariate model to explain the different impacts including the traditional indicators of firm characteristics and their relationships. The empirical work is based on a database constructed from information from the responses to a questionnaire designed specifically to estimate the impact of RTOs on Spanish firms, and information from the Spanish Innovation Survey. Our findings show that firms are able to recognize the influence of these relationships on different technical, economic, investment and intangible impacts and to roughly estimate their economic impact, and that several characteristics of these relationships affect the impact of RTOs.     

Can the FDA improve oversight of foreign clinical trials?: Closing the information gap and moving towards a globalized regulatory scheme

Currently, pharmaceutical companies' utilization of foreign clinical trial data is a ubiquitous and indispensable aspect of gaining approval to market drugs in the United States. Cost benefits, a larger pool of ready volunteer subjects, and greater efficiency in clinical testing are some of the reasons for conducting clinical trials overseas. Despite these advantages, lack of proper oversight may have serious public health implications regarding the integrity of clinical research, ethical treatment of human subjects, and drug safety. Due to the expansive global nature of foreign clinical trials, there are concerns with the FDA's ability to monitor and regulate these trials. This article examines the FDA's oversight of foreign clinical trials and the agency's limitations regulating these trials. In addition to looking at steps the FDA is taking to address these limitations, the article examines other potential regulatory and cooperative actions that can be taken to effectively monitor foreign clinical trials and to ensure data integrity and patient safety.     

S. van Hoogstraten,N. Schrijver,O. Spijkers and A. de Jongh (eds.), The Art of Making Peace: Lessons Learned from Peace Treaties

Netherlands International Law Review -