Edem v. The Information Commissioner and The Financial Services Authority [2014] EWCA Civ 92

From time to time the Court of Appeal feels the need to steer inferior courts and tribunals away from an over-enthusiastic application of a particular direction of travel signposted by its own previous decisions. In the Edem judgment, published on 7 February 2014, the court has taken the opportunity to restrict significantly the application of its decision more than a decade ago in Durant v. Financial Services Authority, ¹ a case that has been relied on by many commercial data protection practitioners to deny subject access or the wider application of the Data Protection Act 1998 on the grounds that the data were not personal in that they did not relate to the individual in question even though the individual's name appeared as part of the data.     

Shareholder Coordination Costs, Shark Repellents, and Takeout Mergers: The Case Against Fiduciary Duties

When a bidding corporation succeeds in obtaining voting control of a target corporation through a hostile tender offer, many commentators argue that it is unfair to allow the bidder to exercise its voting power to set the price terms of a second-step takeout merger in which the bidder purchases the shares of the remaining target shareholders. This concern is inappropriate because it treats a unitary acquisition between adversaries as if it were two separate transactions–the second of which involves abuse of power by fiduciaries–and also because it assumes that shareholders of the target corporation are incapable of protecting themselves from the power of a successful bidder. Moreover, imposition of fiduciary rules may impose either prohibitive costs or absolute barriers to some takeovers, even if such transactions would be wealth producing. While there is a risk that some takeovers may exploit the “prisoner's dilemma” facing target shareholders threatened with an unattractive takeout threat, target shareholders are capable of responding to that threat with devices to coordinate their response. So-called “shark repellent” amendments that raise the proportion of votes required to approve second-step mergers or that limit the terms of such mergers can function as coordination devices to alleviate the prisoner's dilemma. Commentators' fears that such devices may unduly burden the market for corporate control appear to depend to a large extent on unfounded assumptions that all takeovers are wealth producing and that takeovers are never motivated by potential gains flowing from exploitation of the lack of coordination among target shareholders. However, empirical studies indicate that adoption of such coordination rules can benefit target shareholders and that it is unlikely that shareholders will approve voting rules so restrictive that they would preclude wealth-creating acquisitions. The usual notions of shareholder apathy are simply inapplicable to takeout mergers.     

Relationships between characteristics of teachers and teachers' assessments of sources of information

The Researchers' primary purpose was to explore relationships between (a) urban area secondary school teachers' assessments of thirty three sources of information apt to influence their practice and (b) specific characteristics of these teachers. A sample of 245 teachers, or 61% of the set contacted, participated. Qualitative and quantitative analyses of data offered by the respondents were carried out. Both predictable and perplexing outcomes of the data analyses were documented. The Researchers concluded: a) That demographic profiles of teachers can be discerned which are related to assessments of various information sources; and b) that teachers' needs for information can be linked to preferred sources of information. They were unable to explain why variables like years of teaching experience, sex, and age were related significantly to teachers' assessments of sources of information.     

In search of reasonable doubt

A number of different approaches have been used to quantify jurors' use of the decision criterion known as reasonable doubt. The purpose of the present study was to determine which of a select group of these approaches could be utilized to match the actual decisions of individuals role-playing jurors for an assault trial. Simon's (1970) rank-order approach, a self-report approach, an approach derived from Statistical Decision Theory (Fried, Kaplan, & Klein, 1975), and one derived from Justice White's explanation of theJohnson v. Louisiana (1972) decision were each used to estimate values for reasonable doubt. The estimates were then used to recreate the individual decisions, and the recreated decisions were then compared to the actual decisions. The results indicated that every approach accurately matched the actual decisions at a better-than-chance rate, although the rank-order and decision theory approaches were most accurate. The reasonable doubt estimates obtained from each of the approaches were also used to examine the basic assumption underlying the Thomas and Hogue (1976) juror decision model. Only the estimates from the decision theory approach provided consistent support for the assumption. A variety of methods were suggested for more definite determinations of the accuracy of the approaches tested, and the relative merits of the approaches were discussed.     

Leaving the Australian Labor Force: An Extended Encounter with the State

This article seeks to demonstrate the way in which labor market choices are shaped by institutional arrangements devised by the state. Since these arrangements differ markedly from country to country, much that is distinctive about national labor market outcomes is a function of diverse encounters with the state. This argument is illustrated by an account that explains why Australia, a country which apparently devotes little in the way of public resources to the old, manifests an exceptionally high level of early retirement. This account shows that, in contrast to the standard European welfare state strategy of public pensions, the Australian state has over many decades tackled the need for provision for the old by encouraging retirement strategies that are not subsidized directly from the public purse. These strategies include the encouragement of widely dispersed home ownership and occupational pensions. Read broadly, the article suggests that the extremity of contrasts frequently made between the advanced welfare states of Western Europe and the miserable social policy outcomes in the democracies of the New World have been far too extreme. The article experiments with novel presentational techniques designed to focus attention on individual choices and on policy outcomes for the individual rather than policy outputs by governments.     

The contributions of invention management companies to technology transfer

A new type of organization which is explicitly dedicated to technology transfer has emerged in the United States: Companies which manage inventions produced by universities, independent inventors and other creative groups. This paper shows that these “Invention Management Companies” (IMCs) make important and unique contributions to technology transfer on legal issues (e.g., guarding against patent infringements), marketing (e.g., convincing a company to commercialize au invention) and advocating the invention against the organized opposition of established technologies. Given the contributions of IMCs to an emerging system for encouraging innovation (an “Inventive Society”), the paper recommends broadening the role of IMCs as information providers and linking them to incubators and venture capital companies.