Content and Access Agreements: An Analysis of Some of the Legal Issues Arising from Linking and Framing

This paper examines the subject of content and access agreements with a detailed analysis of the legal issues that arise from linking and framing. The law is examined from a UK perspective with a detailed study of significant developments in the USA. The main focus of the discussion is on copyright and contract, but the subject of trespass is also considered to cover those situations where contract and copyright remedies may not be available. The copyright analysis reveals uncertainty in the extent of the protection offered and this has had the effect of encouraging the use of contractual licences. Detailed consideration is given to the use and enforceability of such contractual licences and to the actual and potential problems of their increasing use. The paper shows that there are advantages and disadvantages associated with both copyright and contract and certain conceptual difficulties in the use of trespass are discussed. Nevertheless the factors identified and the expected continuation of existing trends show that the use of licences and formal agreements relating to linking and access will increase, especially where commercial actors have perceived strong interests to protect.     

Factors associated with patterns of dating violence toward college women

This study hypothesized that female victims of force in dating relationships are erroneously considered a homogeneous group. Various patterns of dating violence, along the lines of frequency and severity, were hypothesized to be related to attitudinal and behavioral factors of the women in the dating relationship. Analyses of 48 female victims at a university campus revealed a number of differences between women with only one incident of force and women who were recipients of ongoing force. Females with ongoing violence were more likely to allow controlling behaviors by a male, had more controlling behaviors occur toward them generally in dating relationships, reported higher levels of commitment and love toward a romantic partner, and experienced a higher frequency of controlling behaviors in the actual relationship where physical force occurred. Females with ongoing violence in which the abuse lasted for a longer period of time were less likely to end the relationship due to the occurrence of abuse. Earlier onset of the first physical incident in a dating relationship was related to more traditional attitudes toward women's roles, more likelihood of using justifications for abuse, romanticizing relationships, and a likelihood of endorsing stronger attitudes of love in these female victims than when onset occurred later for other women. Women who ended the relationship because of physical force experienced more controlling behaviors by the male in the relationship than women who did not end the relationship for that reason. Further research needs to investigate the decision-making processes and interpretations of the females involved regarding the presence of abuse in the dating relationships.     

Understanding Mission Expansion in the Federal Home Loan Banks: A Return to Behavioral-Choice Theory

Congress established the Federal Home Loan Banks (FHLBs) in 1932 to pursue the public purpose of homeownership. Recently, three views of their mission have emerged; one is that their purpose is to help small banks to remain viable. Why did their mission expand in this direction? We argue that mission expansion is a process that is better understood in terms of behavioral choice than public choice. Change began when expert attention was directed to small banks in rural areas and officials innovated within the existing rules to address their needs. Recognizing the FHLBs' usefulness, community bankers sought a more fundamental change in their practice. Responding to the general interest in preserving small banks' viability, legislative entrepreneurs advanced permissive rule changes. These were implemented to different extents in individual FHLBs in response to local needs. The case illustrates the usefulness of the behavioral‐choice paradigm for understanding change in public agencies and suggests legitimacy for mission change and the value of maintaining publicly directed administrative capacity.     

Statistical evaluation of the evidential value of human hairs possibly coming from multiple sources

A concept of the mathematical evaluation of human hair evidence is derived. This concept can be realized in a special computer program, the output of which is an incrimination probability. The problems of not knowing the true number of sources and the correct partition of hairs corresponding to their sources are solved from the point of view of avoiding an unjustified incrimination.     

On the measurement of low self-control in Add Health and NLSY79

Limited attention has been devoted to the dimensionality of the low self-control scales commonly constructed in two nationally representative datasets routinely used to test self-control theory (SCT) – Add Health and NLSY79. We assess the measurement properties of the low self-control scales by comparing a series of exploratory and confirmatory models that are appropriate for the categorical nature of the observed items, including unidimensional, correlated factors, second-order factor, and bifactor models. Additionally, based on these results we explore the predictive validity of the respective scales on adolescents’ delinquent behavior. The results indicate that the low self-control scales in these data have acceptable levels of internal consistency but do not represent unidimensional latent factors. Rather, scales are best represented by a second-order factor structure. When measured this way, our Add Health scale is associated with delinquency in a cross-sectional context and our NLSY79 scale predicts delinquency longitudinally. This study reveals that low self-control is best conceptualized as a multidimensional construct within these data. The results of this study provide guidance to researchers measuring low self-control in either dataset (or other data sources) and inform the larger SCT measurement literature.     

Inferring recent human phylogenies using forensic STR technology

STR loci are characterized by extremely high mutation rates and thus, high levels of length polymorphism both within and among populations. In addition, much of the observed variation is believed to be nearly selectively neutral. Because of these features, STRs are ideal markers for genetic mapping, intra-species phylogenetic reconstructions and forensic analysis. In the present study, we investigate the application of five STR loci (CS1PO, TH01, TPOX, FGA and vWA) routinely used in forensic analysis for delineating the phylogenetic relationships of 10 human populations representing the three major racial groups (African-Caribbean, Croatian from the island of Hvar, East Asian, Han Chinese, Italian, Japanese, Portuguese, UK Caucasian, US Caucasian and Zimbabwe). The resulting tree topology exhibited strong geographic and racial partitioning consistent with that obtained with mtDNA haplotypes, Y-chromosome markers, SNPs, PAIs (polymorphic Alu insertions) as well as classic genetic polymorphisms. These findings suggest that forensic STR loci may be particularly powerful tools and provide the necessary fine resolution for the reconstruction of recent human evolutionary history.     

Green crime and the role of environmental courts

Environmental issues continue to capture international headlines and remain the subject of intense intellectual, political and public debate. As a result, environmental law is widely recognised as the fastest growing area of international jurisprudence. This, combined with the rapid expansion of environmental agreements and policies, has created a burgeoning landscape of administrative, regulatory and judicial regimes. Emerging from these developments are increases in environmental offences, and more recently environmental crimes. The judicial processing of environmental or ‘green’ crimes is rapidly developing across many jurisdictions. Since 1979, Australia has played a lead role in criminal justice processing of environment offences through the New South Wales Land and Environment Court (NSW LEC). This article draws on case data, observations and interviews with court personnel, to examine the ways in which environmental justice is now administered through the existing court structures, and how it has changed since the Court’s inception.