A Suicidal Woman, Roaming Pigs and a Noisy Trampolinist: Refining the ASBO's Definition of 'Anti-Social Behaviour'

This article discusses the definition of anti-social behaviour employed by section 1(1)(a) of the Crime and Disorder Act 1998 for the purposes of the Anti-Social Behaviour Order. It argues that, if the ASBO is to remain at the forefront of the Government's campaign against anti-social behaviour, this section should be amended. The article begins by outlining the claimed benefits of, and critics' concerns about, the definition, arguing that the difference of opinion stems from different views of state power. It then argues that the ASBO has been employed for social control, often at the expense of more constructive forms of intervention, and that this has shown New Labour's willingness to vest enforcement agencies with the wide discretion conferred by section 1(1)(a) to have been misplaced. Finally, it proposes a refined version of section 1(1), which focuses the Order on the cases for which it was purportedly designed whilst maintaining any benefits of the broad definitional approach currently taken in section 1(1)(a).     

Patents and enantiomers: Generics v Lundbeck

Legal context: This article examines a decision of the English Patents Courtin relation to the validity of a patent claiming a single enantiomer(a particular molecular form) of a known pharmaceutical compound. Key points: The court held that while it would have been obvious to theskilled person at the priority date to prepare the single enantiomerof the drug claimed in the patent, the actual method of preparationtaught by the patent was not obvious. The attack on groundsof lack of inventive step therefore failed. However, the factthat the patent taught only one method of preparation, but soughtto claim the single enantiomer however prepared meant that theclaims (other than the method claim) were invalid on the groundsof insufficiency. Practical significance: This case demonstrates the formidable difficulties in obtaininga valid patent for a single enantiomer of a known pharmaceutical.While claims to a method of preparation can be valid, providedthe usual requirements of novelty, inventive step, etc. aremet, a patent claiming a single enantiomer of a known compoundper se will be likely to be invalid on the grounds of obviousnessor insufficiency.     

Informal economic activity: Early thinking, conceptual shifts, continuing patterns and persistent issues – a Michigan study

In this paper we review theoretical perspectives on the informal economy that developed during the period 1958–1992. We describe shifts in thinking in two phases that we identify as ‘first wave studies’ and ‘second wave studies,’ and we identify a series of critical theoretical issues that emerged from the thinking during these periods. Then, focusing on the state of Michigan, USA, we examine empirical research that was conducted in the second wave and compare the results with a state survey that we conducted in 2005. The overall aim of this paper is to summarize the extent of theoretical and empirical studies of informal economy before the more recent postmodern informed analysis of the 1990s, and to document shifts in patterns of informal economic activity as this is revealed from the research. We conclude with a discussion of theoretical and empirical questions that have begun to be addressed in the last 15 years of what has now been 50 years of research on this topic.     

Children with Sexual Behavior Problems

Judges are encountering more cases (both dependent and delinquent) involving juveniles under the age of 12 who have acted out sexually. The youth's own trauma history and protection issues often complicate the cases. This article reviews the research about treatment for children with sexual behavior problems (SBP) and discusses guidelines for making placement decisions in order to assist judges to determine an appropriate level of response in cases of children with SBP. To this end, information about typical sexual development with strategies for determining whether a sexual behavior is problematic or developmentally appropriate is provided. Children with SBP are contrasted with adolescent and adult sexual offenders. Assessment and treatment guidelines based on the current state of clinical research are provided, noting that a number of treatments have demonstrated efficacy with SBP in children. Information to facilitate decision making regarding residential placement, school participation, and family reunification is provided. Public policy should be based on scientific results and reflect the very low risk posed by children with SBP when making decisions about application of the Adam Walsh Act and national lifetime registries in general.