Baker & McKenzie''s regular article tracking developments in EU law relating to IP, IT & telecommunications

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.     

Toxicologic findings in the USS Iowa disaster.

The toxicologic results from the 47 victims of the explosion on the USS Iowa are presented. Good correlation between carboxyhemoglobin saturations and cause of death was found. There were no correlations between blood cyanide concentrations and causes of death. Volatile analysis suggested postmortem ethanol production rather than antemortem ethanol ingestion. No drugs except nicotine were detected in any of the victims.     

Organic impurity profiling of 3,4-methylenedioxymethamphetamine (MDMA) tablets seized in The Netherlands.

In this study, a new method was developed for the impurity profiling of illicit MDMA tablets. The extraction efficiency, linearity, repeatability and reproducibility of the method were evaluated. Eighty two MDMA tablets coming from presumed unrelated large seizures in 2004 (n >500 tablets) were analyzed by gas chromatography mass spectrometry (GC-MS) in order to assess the discrimination power of the method. The latter was found to be practical, robust, relatively easy to perform, highly discriminative and yielding good chromatography. In addition, some new impurities were detected and identified. Their chemical structures and mass spectra are reported.     

The status of the extracorporeal embryo in German law (Part I).

The legislator, in the German Federal Republic, has opted for a specific legal solution in relation to the protection of the embryo. Carola Müller, in this article, describes this regulation as well as the reasons that have led to its adoption. The article finishes with an exposition of the existing social discussion in German society and the effect that the law has had.     

Can information change public opinion? Another test of the Marshall hypotheses

U.S. Supreme Court Justice Thurgood Marshall offered his opinion regarding the utility of public opinion polls as a tool for assessing the “evolving standards of decency” regarding capital punishment. His arguments became known as the Marshall hypotheses and spawned a considerable body of empirical testing. The three Marshall hypotheses are: (1) support for capital punishment is inversely associated with knowledge about it, (2) exposure to information about capital punishment produces sentiments in opposition to capital punishment, but (3) exposure to information about capital punishment will have no impact on those who support it for retributive reasons. The results of previous tests of these hypotheses were somewhat mixed but supportive. None of these studies, however, examined the effects of change in knowledge levels with changes, if any, in death penalty attitudes and beliefs as needed for a more complete test of the Marshall hypotheses. The present study addressed this shortcoming. The results provided mixed support for these three hypotheses. That is, death penalty supporters were somewhat less informed than death penalty opponents; exposure to death penalty information and knowledge gains tended to be associated with attitudinal change in a directions suggested by these hypotheses; but, retributivists' attitudes toward and beliefs about capital punishment were not any more resistant to change than were the attitudes and beliefs of non-retributivists.     

Scale, technique and composition effects in the Mexican agricultural sector: the influence of NAFTA and the institutional environment

More than a decade after NAFTA (North American Free Trade Agreement) entered into force, the environmental effects of agricultural trade liberalization in Mexico are still controversial, emerging, and not fully understood. This paper contributes to the literature that aims to explore trends in input use in the agricultural sector in Mexico during the post-NAFTA period among both commercial/industrial and traditional/rainfed farmers, and examines the influence of the national and multilateral institutional framework on these outcomes. We decompose the post-NAFTA agricultural production data into scale, technique and composition effects to estimate the impact that trade liberalization has had on the use of fertilizer and land use, two key agricultural inputs for which reliable aggregate data is available. We conclude that among commercial farmers patterns of crop type specialization and significant technological improvements have led to some declines in fertilizer use but they have been offset by growth in fertilizer use associated with growing agricultural output. Among traditional farmers increased output and specialization in land-intensive grain crops are contributing to an increase in land under cultivation and technological improvements show the potential, but not yet not the strength, to counteract these effects. We analyse the environmental institutional framework and rural development plans, observing that institutional weaknesses have, in several instances, reduced the environmental benefit of technique and composition effects. We conclude with recommendations about how the Mexican agricultural sector might reap the environmental benefits of international agricultural trade.