EU update

This is the latest edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Fukuyama Is Right about Measuring State Quality: Now What?

Much has recently been written about how to best measure governance or “state quality.” Should we evaluate government performance by looking at what government achieves (outputs) as Robert Rotberg and Craig Boardman recently suggested? Or should we focus on measuring state capacity and bureaucratic autonomy, as Francis Fukuyama concludes? This commentary argues in support of Fukuyama's approach by using a public administration lens to disaggregate the public sector into two domains: upstream bodies at the center of government and downstream delivery bodies that deliver, commission, or fund services under the policy direction of government. It goes further by recommending a measurement framework that focuses on identifying indicators that are behavioral and action worthy in relation to five public management systems ultimately owned and operated by the central, upstream agencies.     

‘In Vino Veritas’: Truth and Method in Vinogradoff's Historical Jurisprudence

Sir Paul Vinogradoff is widely regarded as the intellectual heir of Sir Henry Maine. As such, he is implicated with Maine in the failure of historical jurisprudence to displace Austinian positivism at the heart of English legal theory. Yet Vinogradoff was of a different generation and intellectual provenance from Maine. By examining the relationship between Vinogradoff's historical jurisprudence and the work of the celebrated German historian Theodor Mommsen, this article aims to reaffirm the distinctiveness of Vinogradoff's contribution to English jurisprudence. It finds at the core of that contribution a Germanic commitment to ‘science’ and ‘method’ that proves both a strength and a weakness in the common law world of the time, and so reflects something of the character of that broader world itself.     

Representative misconduct,voter perceptions and accountability: Evidence from the 2009 House of Commons expenses scandal

This paper examines electoral accountability after the 2009–10 UK expenses scandal. Existing research shows that Members of Parliament (MPs) implicated in the scandal fared only marginally worse in the election than non-implicated colleagues. This lack of electoral accountability for misconduct could have arisen either because voters did not know about their representative's wrongdoing or because they chose not to electorally sanction them. We combine panel survey data with new measures of MP implication in the expenses scandal to test where electoral accountability failed. We find that MP implication influenced voter perceptions of wrongdoing more than expected. In contrast, constituents were only marginally less likely to vote for MPs who were implicated in the scandal. Electoral accountability may therefore be constrained even when information about representative misconduct is easily available and clearly influences voter perceptions.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Suicidal Ideation and Distress Among Immigrant Adolescents: The Role of Acculturation, Life Stress, and Social Support

Acculturative stress and social support play important roles in suicide-related phenomena among adolescent immigrants. To examine their contributions, measures of acculturative and general life stress and a measure of multiple sources of social support were used to predict psychological distress and suicidal ideation among Korean-born high school students residing in the US. Korean students who were sojourning without both parents were compared to Korean students who immigrated with both parents, Korean students who remained in Korea, and American high school students in the US (total N = 227; 56.8% female). The sojourning group reported higher levels of life stress, distress, psychological symptoms, and suicidal ideation than the other groups. Within the two acculturating groups, levels of distress, symptoms, and suicidal ideation were associated with life stress, lack of parental support, and not living with both parents. The findings have important implications for suicide prevention among immigrant adolescents, and imply that parental support is particularly protective.