Harvey Sicherman: A Celebration

The Pulitzer Prize-winning historian reflects on the rich intellectual fare enjoyed over weekly lunches with Harvey Sicherman. McDougall describes Harvey's mastery of traditional geopolitical analysis, as well as his deftness in adapting strategy to the late-Cold War and post-Cold War eras.     

Communication Breakdown: Strategic Communications and Defeat in Afghanistan

The author reflects on our decade long conflict in Afghanistan and identifies what he considers a main contributor to the malaise. He believes it is a failure to communicate: a message of purpose which answers the oft-asked “why are we there?” question amongst Western audiences; a message of resolve on which Afghans can bet their lives that ISAF will remain there until the Taliban is beaten or compelled to reasonable compromise; and, a message of what success will look like which is accompanied by a compelling rationalization of the cost.     

China and India: Awkward Ascents

This article surveys the key loci of Sino-Indian tension, situating them within the context of a classical if uneven security dilemma. It then examines the sources of stability within the relationship, arguing that the scope and intensity of conflict is attenuated by a series of military, political, economic and other factors. Lastly, the essay discusses the implications of the analysis for external powers, and the possible trajectories of the relationship.     

Motives and methods for leaving the gang: Understanding the process of gang desistance

Purpose

This study examined the process of leaving the gang. Gang membership was conceptualized in a life course framework and the motives for why and methods for how one leaves the gang were analyzed.

Methods

Data were gathered from a sample of 84 juvenile arrestees in Arizona, all of whom left their gang. Motives for leaving the gang were organized into factors internal (push) and external (pull) to the gang, while methods for leaving the gang were organized into hostile and non-hostile modes of departure. Motives and methods were cross-classified and their correlates were examined, notably in relation to gang ties—persisting social and emotional attachments to the gang.

Results

Push motives and non-hostile methods were the modal responses for leaving the gang. While it was not uncommon to experience a hostile departure from the gang, most former gang members reported walking away without ritual violence or ceremony. This method was conditional on the motive for departure, however. None of the individuals leaving the gang for pull or external reasons experienced a hostile departure. While gang ties persisted regardless of motive or method, retaining such ties corresponded with serious consequences.

Conclusions

A life course framework is capable of organizing similarities between leaving the gang and desistance from other forms of crime and deviant groups. The process of gang desistance is consistent with asymmetrical causation. Due to limited attention to this process, a typology is introduced as a basis for understanding leaving the gang in relation to desisting from crime.     

Evidence on the Effectiveness of Juvenile Court Sanctions

Purpose

The past decade has been witness to a proliferation of calls for evidence-based juvenile court sanctions—including various programs, interventions, services, and strategies or approaches—that reduce recidivism and improve mental health, drug dependency, and education outcomes. At the same time, an emerging body of work has identified “proven,” “evidence-based,” “best practice,” or, more generally, “effective” efforts to achieve these outcomes. Even so, grounds for concern exist regarding the evidence-base for these and other sanctions.

Methods

This paper describes the heterogeneity of sanctioning within juvenile justice and argues that, despite substantial advances in research, the heterogeneity severely delimits the generalizability of evaluations to date. It also raises questions about how much is in fact known about the effectiveness of many juvenile justice sanctions.

Conclusion

Extant research offers grounds for optimism. Even so, explicit articulation of the limitations of this research and the need for studies that examine external validity is important for developing evidence about “what works” in juvenile justice. Implications for research and policy are discussed.     

Bioinformatics and genetic privacy: The impact of the Personal Data Protection Act 2010

Bioinformatics refers to the practise of creation and management of genetic data using computational and statistical techniques. In Malaysia, data obtained from genomic studies, particularly for the purpose of disease identification produces a tremendous amount of information related to molecular biology. These data are created from DNA samples obtained from diagnostic and research purposes in genomic research institutes in Malaysia. As these data are processed, stored, managed and profiled using computer applications, an issue arises as to whether the principles of personal data privacy would be applicable to these activities. This paper commences with an illustration of the salient features of the Personal Data Protection Act 2010. The second part analyses the impact of the newly passed Personal Data Protection Act 2010 on the collection of DNA sample, the processing of data obtained from it and the profiling of such data. The third part of the paper considers whether the various personal data protection principles are applicable to the act of DNA profiling and the creation of bioinformatics.     

Significant extension to the ASA’s remit allows members of the public and rival businesses to complain via the ASA about statements made on webpages and social networking sites

On 1st March 2011, the scope of the CAP Code was extended, giving the Advertising Standards Authority significantly expanded powers to regulate marketing claims made by advertisers on their own websites and in other non-paid-for space under their control, such as social networking sites and company blogs. The ASA’s extended remit will apply to all sectors and all businesses and organisations which are operating from the UK, regardless of size, in a move to ensure the same standards of consumer and business protection in the digital space as in other media. The extension aims to plug a regulatory gap following a formal recommendation from a wide cross-section of UK industry.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

English High Court decides that “making available” over the internet only occurs in the jurisdiction where the servers are based

The English High Court has considered the meaning of “making available to the public” by online transmission in the context of database rights and has determined that the act of making available is only committed in the country where the host server is located, and not the country where the material is accessed by the public.     

Planning for the succession of digital assets

Estate planners’ current strategies for the disposition of digital assets are quickly becoming out-dated. This is largely the result of ambiguities concerning proprietary rights of digital assets after death. When advising clients on how to plan for the succession of digital assets, it is important for estate planners to understand the nature of digital assets today and to recognize how these assets may evolve. In failing to take into account the evolving nature of digital assets, estate planners are liable to craft short-sighted and thus ineffective succession plans. As the popularity of digital executor businesses increases, estate planners ought to caution clients on their shortcomings. Additionally, legislatures must create statutes which outline the rights of individuals vis-à-vis online service providers.