EU update

This is the latest edition of Baker &; McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This 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.     

Police Officer Attitudes Toward Muslims and Islam: “Worlds Apart”?

American Muslims may be the most diverse group of Muslims in any country in the world. There are an estimated 5–7 million Muslims in the United States. They represent a number of different nationalities, ethnicities, and interpretations of Islam. Moreover, over the past few years there appears to be an increase in the immigration of Muslims to the United States. Law enforcement agencies are currently concerned with the danger of “homegrown” terrorists and terrorism in the U.S. American Muslims likely represent the best source of information regarding those who have been dangerously radicalized within their various communities. To cull important information from the community, police agencies need to contact and communicate with their Muslim population. The ability to achieve these goals would seem to be shaped by both organizational and individual officer understanding and perception of both Muslims and Islam. Organizations and officers with accurate views would likely find efforts at communication and information exchange more fruitful. The current research seeks to assess the knowledge of and attitudes toward Muslims and Islam among our sample of American police officers. Four general areas will be explored in the survey. First, we examine the respondents’ general understanding of many of the basic tenets of Islam. Next, we wish to explore some of the respondents’ attitudes regarding Muslims and Islam. Third, we explore the respondents’ perception of media treatment of Muslims and Islam. Last, the level of officer contact with Muslims is examined.     

Delivering Science into Public Policy: An Analysis of Murray‐Darling Basin Sustainable Yields Assessment as a Model for Impact

The desire to base policy at least in part upon scientific information is a clear trend in Australian governance. The growing literature on how to facilitate this intent highlights a few important principles complemented by examples from the application of social sciences. An example from a very large research project based on physical sciences responding to a national crisis is presented in the context of how it approached delivery to policy‐makers. The Murray‐Darling Basin Sustainable Yields Assessment, widely considered an outstanding success in both scientific terms and for its impact, is reviewed with respect to how the scientific challenge of assessing the future security of water resources in Australia's most important and politically contentious catchment translated into the policy domain. The lessons learned offer a potential template for science with policy intent.     

On special protections for rescuers and helpers

There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously offences that current English law trivialises.

Ventilatory and metabolic demands during aggressive physical restraint in healthy adults

We investigated ventilatory and metabolic demands in healthy adults when placed in the prone maximal restraint position (PMRP), i.e., hogtie restraint. Maximal voluntary ventilation (MVV) was measured in seated subjects (n=30), in the PMRP, and when prone with up to 90.1 or 102.3 kg of weight on the back. MVV with the heaviest weight was 70% of the seated MVV (122+/-28 and 156+/-38 L/min, respectively; p<0.001). Also, subjects (n=27) were placed in the PMRP and struggled vigorously for 60 sec. During the restrained struggle, ventilatory function (V(E)/ MVV) was 44% of MVV in the resting PMRP. While prone with up to 90.1 or 102.3 kg on the back, the decrease in MVV was of no clinical importance in these subjects. Also, while maximally struggling in the PMRP, V(E) was still adequate to supply the ventilatory needs.     

The Reliability of Visually Comparing Small Frontal Sinuses*

Abstract: Several studies have investigated frontal sinus comparison for personal identification. One study addressed the statistical reliability of correct identification using automated digital methods and resulted in a 96% accuracy rate. Missed matches with the digital methods generally involved small, less featured sinuses. This study investigates the hypothesis that human examiners may be able to more accurately identify correct matches than digital methods, even when the comparisons involve small frontal sinuses. Participants were provided two sets of 28 radiographs and were instructed to identify matching radiographs and list the radiographs that did not have a corresponding match. Overall, error rates were low, with correct associations identified at a rate of 0.983. No incorrect associations (“false positives”) were made. Correct association rates were highest among participants “experienced” examining radiographs. Results support previous assertions that frontal sinus radiographs are a reliable means of personal identification even when the frontal sinuses are small.     

‘You didn't take Lucy's skirt off’: The effect of misleading information on omissions and commissions in children's memory reports

Purpose. The current study explored how misleading information affects children's omissions and commissions over time. Method. Fifty‐nine younger (M_age = 4.16) and fifty‐nine older (M_age = 9.44) children were instructed to remove three pieces of clothing from a puppet. Half of them were provided with false evidence that they had removed only two items, while the other half were provided with false evidence that they had removed a fourth piece of clothing. In three neutral interviews separated by 1‐week intervals, children had to report which pieces of clothing they had removed. Results. Overall, omission and commission errors significantly decreased over time, although this pattern was more pronounced for omission errors. Younger and older children were equally likely to make omission errors, whereas commission errors were more typical for younger than for older children. Also, we found that commission errors more readily occur than omission errors. Conclusion. Even when children's memory reports pertain to an event in which they actively participated, misleading information may elicit omission and commission errors, with especially the latter category being very persistent over time.     

International Prosecution and National Bureaucracy: The Contest to Define International Practices Within the Danish Prosecution Service

This article explores how international ideals and practices of law enforcement come into conflict with national bureaucracies. Drawing on original interviews, the investigation demonstrates how the competition to define the role of international prosecution impacted career strategies as well as the actual administration of criminal law within the Danish Prosecution Service (DPS). The analysis shows that this competition is embodied in two competing groups of prosecutors situated in a wider national bureaucracy—itself subject to transformations that affect the very stakes of the contest to define the international. While the institutionalists build careers closely attuned to the systemic and increasingly lean‐management‐inspired requirements of the DPS, the dissident and consequently unsettled position of the activists leads them to craft alternative career strategies closely related to the emergence of new international fields of criminal law.