When functionality is not fatal

The Court of Appeal has confirmed that, under both UK and EuropeanCommunity law, functional designs can be protected by unregistereddesign right provided that there exist other means of achievingthe same purpose.     

‘Hope is a mistake,if you can’t fix what’s broken you go insane’: a reading of gender, (s)heroism and redemption in Mad Max: Fury Road

After a hiatus of 30 years since the first three films, the fourth Mad Max film was released in 2015, called Fury Road. It features the familiar eponymous character of Max, but this time alongside a female character, Imperator Furiosa. The gender dynamics of the fourth film are vastly different from those of the first three films and elicited much praise as well as criticism. It provides a new perspective through which to view the early films and the dystopian post-apocalyptic future world presented in the films. Fury Road introduces a corrective to the earlier films in terms of their reductive depictions of the relations between men and women, while avoiding an equally reductive representation of gendered shame and blame. The message is clearly about collaboration and cooperation as essential for the redemption of a world in which gendered inequities and abuses of power remain deeply disconcerting obstacles. This article considers some of the most salient aspects related to the depiction of women in Fury Road and of the relationship between the two main characters, Max and Furiosa.     

A growing field

Ten years ago, you would have been hard-pressed to find a legaltextbook, even in the IP field, specifically referring to brands,branding, or brand protection. Today, however, the shelves ofspecialist legal booksellers contain a wide variety of booksrelating to branding covering the spectrum, from academic analysisof the differences between brands and trade marks to so-calledpractitioner guides on strategic protection issues. The growthin this field reflects the spread of IP rights generally inthe commercial arena and its strategic importance to businesseslarge and small. Like      

Money and Marriage: Sexually Transmitted Debt in England

In recent years of economic recession, the problems faced byspouses and partners (especially wives) who provide third partyloan security (usually a second mortgage over the family home)for the business debts of their spouse or partner has emergedas an increasing evidence social and legal problem, especiallyin the United Kingdom, and also Australia (where the problemhas become know as ‘sexually transmitted debt’).In this article, the central findings of the first major empiricalstudy of ‘sexually transmitted debt’ are discussed,after first placing the problem in its legal and social context.     

The association between investigative interviewers' knowledge of question type and adherence to best‐practice interviewing

It is well established that not all investigative interviewers adhere to ‘best‐practice’ interview guidelines (i.e., the use of open‐ended questions) when interviewing child witnesses about abuse. However, little research has examined the sub skills associated with open question usage. In this article, we examined the association between investigative interviewers' ability to identify various types of questions and adherence to open‐ended questions in a standardized mock interview. Study 1 , incorporating 27 trainee police interviewers, revealed positive associations between open‐ended question usage and two tasks; a recognition task where trainees used a structured protocol to guide their response and a recall task where they generated examples of open‐ended questions from memory. In Study 2 , incorporating a more heterogeneous sample of 40 professionals and a different training format and range of tests, positive relationships between interviewers' identification of questions and adherence to best‐practice interviewing was consistently revealed. A measure of interviewer knowledge about what constitutes best‐practice investigative (as opposed to knowledge of question types) showed no association with interviewer performance. The implications of these findings for interviewer training programs are discussed.     

Time for a national approach to donor conception in Australia

There is a growing recognition of the interests and rights of individuals conceived using donated gametes in assisted reproductive technology to information about their biological parentage. In Australia these rights vary between jurisdictions according to differing statutory provisions. In February 2011 the Senate's Legal and Constitutional Affairs References Committee published its report on Donor Conception Practices in Australia. The report recommended the development of a nationally consistent approach to donor conception and recommended the enactment of legislation in those Australian jurisdictions without legislation regulating donor conception. This editorial reviews the Senate Committee report and its recommendations and supports calls for a nationally harmonised approach to donor conception in Australia.     

Community Awareness of Patron Banning in Australia: a Brief Report

Patron banning involves banning individuals who engage in problematic behaviour in night time entertainment precincts from certain areas. Patron banning is used in most jurisdictions within Australia despite a lack of evidence regarding its effectiveness. To have an impact, patron banning should act as a deterrent for problematic behaviour at a range of licenced premises (individual and general deterrence), as well as constituting as an immediate punishment which prevents future problem behaviours at the establishment(s) from which an individual has been banned (incapacitation). However, for deterrence to occur, the general public must be aware of the existence and basic functions of patron banning. Therefore, the aim of this study is to determine the level of public awareness of patron banning and its use. One hundred seventy-two participants anonymously completed an online questionnaire, comprising two sections: (1) demographic information and (2) participant’s awareness, understanding, and previous experience with patron banning. The majority of participants indicated being aware of patron banning, but most did not know any details about it. The results of this study indicate that while individuals are aware that banning powers exist, they are less aware of how these powers are used in practice. In this way, patron banning fails to fulfil the requirements of a general deterrent. Given its expanding use, further research is needed to determine if patron banning does affect the behaviour of those receiving bans and of the community more generally.     

“Because you’ve got faith it doesn’t mean that you’ve got wings on your back”: a qualitative analysis of the accounts of Christian prisoners serving time for a sexual offence

Religious beliefs have been variously promulgated as both protective and risk factors for sexual reoffending. Moreover, therapists working with religious prisoners struggle with unravelling cognitive distortions embedded within religious views, with concerns about accusations of prejudice salient in their mindset. This paper presents a novel contribution to research by combining the qualitative analysis of the accounts offered by individuals (n?=?12) convicted of sexual offences who describe themselves as Christians. Data were collected through semi-structured interviews and analysed using Interpretative Phenomenological Analysis. This paper focuses on two superordinate themes: (i) The God Effect and (ii) The Shadow Side of Religion. Implications of this research are discussed with reference to the assessment of dynamic risk and protective factors with religious individuals who have been convicted of a sexual offence.