The Impact of the Hague Conference's Proposed Judgments Convention for Electronic Commerce and Intellectual Property Disputes

Since the OECD and other organizations issued model conventions and guidelines on various aspects of electronic commerce, the quest for harmonization and global agreement for electronic commerce laws and procedures has intensified. International private law has become one of the most contentious issues where the legislative development and practical application of electronic commerce is concerned. When an e-commerce contract (a contract concluded by electronic means) is disputed, questions of jurisdiction and choice of law have arisen with increasing frequency. Indeed, questions of jurisdiction and choice of law are even more pertinent when the parties to the contract are domiciled in different jurisdictions. Equally, when one party acquires an intellectual property right in one country and the infringement of this right is alleged in another country, the question of which jurisdiction the holder of the IP right should be entitled to raise proceedings.     

The ‘Economy of Communion’: a case study of business and civil society in partnership for change

The role of Northern‐based civil society organisations has undergone dramatic changes in recent years. In particular, their principal role as ‘redistributive’ agencies working in the South has come under criticism, leading them to seek new ways of defining their part in eradicating poverty. One widely adopted strategy has been an increasing emphasis on advocacy for social justice, while another is the creation of partnerships with non‐state and state actors, including the private sector. Such partnerships raise some difficult questions relating to the underlying values and civic legitimacy of the action, in particular of Northernbased development NGOs. This paper examines the question of partnerships between civil society organisations and business through a case study of the ‘Economy of Communion’, a global project bringing together small businesses and church‐based organisations whose shared aim is that of eradicating poverty.     

An evaluation of the quality of impact assessment in the European Union with lessons for the US and the EU

Governments throughout the world are requiring greater use of economic analysis as a way of informing policy decisions. This paper provides a comprehensive analysis of the use of impact assessment in the European Union, using US assessments as a benchmark. We find that recent EU impact assessments include more economic information than they did in the past, although important items are still missing. We also provide evidence that the quality of EU impact assessment increases with the expected cost of a proposal. Furthermore, we find that the quality of EU assessments that report high total costs is similar to that of US assessments.     

Assessing effective participation in vulnerable juvenile defendants

Effective participation in trial is outlined under article 6 of the European Convention on Human Rights and refers to the ability to understand and engage in trial. Juvenile defendants are often referred to psychologists or psychiatrists by their solicitors to establish ‘effective participation’ capacity. In the USA, key components to participate effectively are defined and standardised assessments available. In the UK, no formal measures exist. A consecutive series of 20 adolescents aged 12–20 years, referred by their solicitors to our service, were assessed using a standardised battery and a semi-structured interview designed to assess effective participation. Fifty-five per cent had at least one neurodevelopmental disorder. Low IQ was common and 50% had age-equivalent language scores below 10 years. Rates of depression, anxiety and PTSD were high. Knowledge about trial was poor. These findings have implications for Criminal Justice System professionals and to ensure fair trials for young defendants.     

Taxonomies of Squatting: Unlawful Occupation in a New Legal Order

Legal responses to the activity of ‘squatting’ include criminal justice, civil actions, property law and housing policy. Some legal analyses of unauthorised occupation focus on the act of squatting, others on the squatter's claim to title through adverse possession. This paper explores recent developments in the law of adverse possession which have been shaped by particular discursive constructions of both squatters and dispossessed landowners. It develops a ‘taxonomy of squatting’ by mapping the positions adopted by the Law Commission, the legislature and various domestic and European courts, in respect of moral issues thrown up by the doctrine of adverse possession, including the distinction between good faith and bad faith squatting, the landowner's duty of stewardship, and the question of compensation. By unpacking the circumstances in which squatting occurs, the paper develops a series of matrices to classify legal responses to unlawful occupation and to facilitate a more systematic and coherent understanding of law's responses to squatting.     

Americans’ Knowledge of Their Local Judges

What do Americans know about their local judges and how do they know it? One of the central arguments in the debate over judicial elections is whether voters know enough about judicial candidates to make an informed democratic choice. The vast majority of criminal and civil matters in the U.S. begin with and filter through the local state courts. But judicial scholars know little about what explains the variance in voters’ knowledge of their courts and judges. This paper draws on survey data from the 2012 Cooperative Congressional Election Study to investigate the origins of voter knowledge of local judges. A central finding of this study is that rural voters are a lot more knowledgeable about their local judges than are urban voters, ceteris paribus. This finding has significant consequences for the debate over the ways in which states structure their elections for local judges.     

The Use of a Sequential Extraction Technique to Characterize Soil Trace Evidence Recovered from a Spade in a Murder Case in Brazil*

Soil trace evidence can be useful in criminal investigations. A homicide which had occurred in South Brazil been concluded through the courts with a guilty conviction. A spade with soil traces adhering to it was seized from the confessed killer's house, it having been established that it had been used to bury parts of the victim's body. In the context of this confession, it provided an opportunity to test a protocol of analysis and verify the potential of discriminate soil sample analysis in such case works. This allowed us to test the practice of sequential analysis which had been developed for forensic case works in Brazil, with three sequential extractions: (i) 0.2 mol/L pH 3.0 ammonium oxalate; (ii) dithionite–citrate–bicarbonate; and (iii) 0.5 mol/L NaOH. It was possible to predict the sequence of events related to the homicide by using the sequential extraction technique and to conclude that: (i) the A horizon soil from the burial location of the torso was found to be very similar to the soil samples which had been recovered from the spade, which was able to be established despite there only being a small amount of soil adhering to the spade; (ii) the location where the legs were buried contributed a low amount of soil adhering to the spade. Therefore, it is suggested that, where possible, sequential extractions should be prioritized from a questioned sample to best provide information about the likely sequence of contact places and this test likely scenarios and criminal events.     

Living in a Policy State: From Trust for Sale to Trust of Land

The Trusts of Land and Appointment of Trustees Act 1996has transformed the nature of co-ownership interests in land.The trust for sale, which governed dealings in co-ownedproperty under the Law of Property Act 1925, and whichmade sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retainan interest in the land itself, rather than its capital value.This article considers the likely impact of this legislativepolicy departure, particularly in relation to the court'swillingness to grant an order for the sale of co-owned propertyon application by a creditor, and against the wishes of anon-debtor co-owner occupier.     

Tooth mineralization standards for blacks and whites from the middle southern United States

Normative standards are provided for permanent tooth mineralization stages for blacks and whites of the middle southern United States. The data cover tooth development from 3.5 to 13 years of age. Females develop more rapidly than males, and blacks are nearly twice as sexually dimorphic (7.2%) as whites (3.7%). Within each sex, blacks achieve mineralization stages significantly earlier, by about 5%, than whites. This complements earlier findings that teeth erupt at appreciably earlier mean ages in blacks.