Fiction,Faction and Intelligence

There is a demonstrable overlap between authentic intelligence operations and the way they have been portrayed in works of fiction, which is not entirely surprising considering the number of distinguished, and some lesser-known, novelists who have worked for MI5 and the Secret Intelligence Service over the years. Setting aside for a moment the work of Compton Mackenzie, Graham Greene, John le Carré and Somerset Maugham, arguably SIS's most renowned authors, what about Kenneth Benton, David Footman and Jack Cordeaux? The writing culture was especially prevalent in the Security Service, where the legendary case officer Jack Bingham, for whom David Cornwall once worked, raised no objection to the employment of authors. His colleague Max Knight wrote some terrible thrillers, and his assistant, William Younger, chose the interesting pen-name William Mole. Bingham's wife Madeleine and daughter Charlotte, who also worked for MI5, wrote many books, and they were not alone. Curiously, however, it is Ian Fleming who has attracted the greatest attention for his great invention, 007. Yet there remains some doubt about whether Bond may not have been inspired by his former tutor in pre-war Kitzbuhel, Phyllis Bottome, whose 1946 novel The Lifeline introduced a suave, German-speaking, Swiss-educated, mountaineering, British agent a full five years before the publication of Casino Royale. A coincidence? Maybe, but the paths taken by these two authors criss-cross on many occasions.     

A molecular genetic approach for forensic animal species identification

This study investigated potential markers within chromosomal, mitochondrial DNA (mtDNA) and ribosomal RNA (rRNA) with the aim of developing a DNA based method to allow differentiation between animal species. Such discrimination tests may have important applications in the forensic science, agriculture, quarantine and customs fields. DNA samples from five different animal individuals within the same species for 10 species of animal (including human) were analysed. DNA extraction and quantitation followed by PCR amplification and GeneScan visualisation formed the basis of the experimental analysis. Five gene markers from three different types of genes were investigated. These included genomic markers for the beta-actin and TP53 tumor suppressor gene. Mitochondrial DNA markers, designed by Bataille et al. [Forensic Sci. Int. 99 (1999) 165], examined the Cytochrome b gene and Hypervariable Displacement Loop (D-Loop) region. Finally, a ribosomal RNA marker for the 28S rRNA gene optimised by Naito et al. [J. Forensic Sci. 37 (1992) 396] was used as a possible marker for speciation. Results showed a difference of only several base pairs between all species for the beta-actin and 28S markers, with the exception of Sus scrofa (pig) beta-actin fragment length, which produced a significantly smaller fragment. Multiplexing of Cytochrome b and D-Loop markers gave limited species information, although positive discrimination of human DNA was evident. The most specific and discriminatory results were shown using the TP53 gene since this marker produced greatest fragment size differences between animal species studied. Sample differentiation for all species was possible following TP53 amplification, suggesting that this gene could be used as a potential animal species identifier.     

Post-termination use of licensed intellectual property by licensees

Legal and practical context: The ongoing dispute between Nokia and Qualcomm exemplifies thecomplex issues that arise when the licensor–licensee relationshipbreaks down. It illustrates that any means by which a licenseecan secure rights to use licensed IP after termination of alicence agreement can be of great commercial importance, notto mention significant economic value. If a licensee can continueto use licensed IP notwithstanding that its agreement has beenterminated, a licensor's ability to control and derive maximumeconomic benefit from its IP may be fundamentally compromised. Key points: The means available to licensees to secure such rights varydepending on the kind of IP right licensed, but there are severalcommon themes, which draw on a diverse range of legal rulesand concepts, including specific IP concepts and laws (includingthe rules relating to assignment and licensing, the exhaustionof rights, revocation and invalidation, and defences to infringementclaims), contract law and competition law. This article discussespractical implications to be considered when drafting IP licenceagreements. Conclusions: From a licensee's perspective, the termination of its licenceagreement is not necessarily the end of the road. Licenseesshould be aware of these post-termination rights when expectingto face difficult renegotiations with a licensor. From bothparties' perspectives, but particularly that of licensor, thisarticle should demonstrate the importance of drafting to avoidany uncertainty that may arise on the termination of a licenceagreement.     

Causes of Action: First Findings of the LSRC Periodic Survey

In this paper we report some of the first findings of the LSRC periodic survey of justiciable problems. We confirm the prevalence of justiciable problems amongst the general population. We identify important differences in the experiences of discrete socio–demographic populations, not only in terms of the number of problems faced, but also in terms of the perception of problems and reactions to them. We show that cost is not the principal barrier to taking action or obtaining advice across most problem categories. Other concerns, such as fear or uncertainty as to what can be done are generally more prevalent. We illustrate the range of strategies employed by those who take action, and confirm the rarity of court action. Finally we show that the basic form of Felstiner, Abel, and Sarat's aetiology of lawsuits is recognizable within our findings, although we explain that the manner and form of progression through the various stages is complex and irregular.     

Kosovo Revisited: Humanitarian Intervention on the Fault Lines of International Law

The asserted doctrine of unilateral humanitarian interventionhas given rise to considerable debate in international law.This article revisits the use of force in Kosovo to criticallyappraise this debate. The arguments for and against the doctrineare schematically compared and contrasted. Their differencesare methodological, but underlying factors are relevant. Thesemay include a conflict of values (notably, sovereignty versushuman rights), but certainly involve deep disciplinary problemsevidenced by confusing international legal terminology and,especially, the contradictions inherent in identifying and changingrules of general/customary international law. Three factorsare considered as potentially helpful in bridging these faultlines: state practice (unavoidably), the stability of the internationalsystem and accountability. The latter two, at least, sit uncomfortablywith unilateralism.     

Training,experience, and magistrates' sentencing philosophies

The lay magistracy is unique to the English legal system, and this study investigates how those appointed as magistrates change in their sentencing policy and attitudes toward defendants as a result of the experience gained during the first year on the bench and as a result of the mandatory training program. An experimental design was used to evaluate the effects of training in which a group of newly appointed magistrates was randomly assigned to defer their training for one year and compared to those who completed their training during the first year in the usual way. In addition, the use of a group of nonmagistrates as controls enabled a quasiexperimental evaluation of the effects of experience on the bench. Magistrates and controls completed a questionnaire in which they sentenced a number of cases at the time of the magistrates' appointment to the bench and again one year later. The results showed that magistrates as a result of their experience became more committed to the aims of deterrence and punishment, became more pessimistic about the prospects of reforming defendants, regarded the severe sentences as more appropriate, and took a less sympathetic view of defendants. The training program, however, tended to ameliorate these effects. Possible explanations for these findings and the implications for the training of magistrates are discussed.This study was supported by a grant from the Nuffield Foundation     

Advantage of ForensiX Swabs in Retrieving and Preserving Biological Fluids

This study compares two novel swabs (forensiX) with a standard cotton swab (EUROTUBE) for the collection of saliva stains on glass slide for STR analysis. ForensiX collection tubes are a standard cotton swab in an “active drying” tube, where swab sample is soon dried by its innovative tube surface of the wall. The other is forensiX Nylon Flocked Swab. The study is two phases: The first “phase” assesses swab types regarding to retrieve ability of saliva. The second “phase” compares the drying ability of each swab to assess how crime samples would fare when left in storage. The main result showed that “active drying” is effective to store swabbed sample. The forensiX swabs generally are effective for higher (twofold to fourfold) DNA yield compared to delta lab swab (around 750 pg and 250 pg from 0.5 μL of saliva), respectively. These findings demonstrate the importance of drying performance in the preservation of DNA and swab selection.