EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Chemical enhancement of footwear impressions in urine on fabric

A range of chemical techniques were utilised for the enhancement of footwear impressions deposited on a variety of fabric types of different colours with urine as a contaminant. A semi-automated stamping device was used to deliver test impressions at a set force to minimise the variability between impressions; multiple impressions were produced and enhanced by each reagent to determine the repeatability of the enhancement. Urine samples from different donors were analysed using a spectrofluorophotometer revealing differences between individuals. Results indicated that the enhancement of footwear impressions in urine was possible using amino acid staining techniques whereas protein stains failed to achieve successful enhancement.     

Controlling the variable of pressure in the production of test footwear impressions

Footwear impression lifting and enhancement techniques may be affected by several variables introduced during the production of test footwear impressions, thus limiting the usefulness of enhancement technique comparisons and the results obtained. One such variable is the force applied when the impressed mark is being made. Producing consistent test impressions for research into footwear enhancement techniques would therefore be beneficial. This study was designed to control pressure in the production of test footwear impressions when mimicking a stamping action. Twenty-seven volunteers were asked to stamp on two different surfaces and the average stamping force was recorded. Information from the data obtained was used to design and build a mechanical device which could be calibrated to consistently deliver footwear impressions with the same force onto a receiving surface. Preliminary experiments using this device and different contaminants on the footwear sole have yielded consistent and repeatable impressions. Controlling the variable of pressure for the production of test impressions in this study demonstrated that the differences observed were visual (due to the amount of contaminant transferred and subsequent enhancement) and did not affect the replication of outer sole characteristics. This paper reports the development of the device and illustrates the quality of the impressions produced.     

The economics of environmental law enforcement: end-of-life vehicles

Abandoned End-of-Life Vehicles (ELVs) have been an environmental concern for a long time in a number of countries. This article examines different ways to address the issue by changing the incentive structure for agents. Following (Polinsky A. M., & Shavell, S. (2000). The Economic theory of public enforcement of law. Journal of Economic Literature, 38, 45–76.) a model is used to compare a fine-based system with a deposit-refund system; a combination of the two is then considered. It is shown that when the environmental harm is relatively low and constant, a deposit-refund system is preferred. When cases of high environmental harm are included, the optimal choice would be a combined system.      

Second‐hand Emotion? Exploring the Contagion and Impact of Trauma and Distress in the Asylum Law Context

Applicants' accounts of experiences of fear, trauma, violence, and persecution are central to the process of claiming asylum. These narratives are, at a human level, primed to provoke emotional responses, not only in the narrator but also in those to whom the account is relayed. In this article, we explore the vectors of emotionality that permeate asylum decision‐making in the United Kingdom, focusing particularly on the risk faced by the professionals involved of suffering vicarious trauma. More specifically, based on a series of 104 semi‐structured interviews with asylum stakeholders and observation of 48 appeals to the Immigration and Asylum Chamber of the First‐tier Tribunal, this article identifies the adoption by legal and quasi‐legal professionals of emotional coping strategies – of detachment and denial of responsibility – that risk being deployed in maladaptive ways that jeopardize the prospects for justice.     

Americans and the Rise of China as a World Power

The rapid ascendency of China has attracted considerable attention from American scholars, policymakers, and media. Yet what does the American public think about the rise of China as a world power? In this paper we use survey data collected by the Chicago Council on Global Affairs and other organizations to explore the nature and causes of Americans' views. It turns out that most Americans are well aware of the rise of China. Some are apprehensive about that rise, chiefly for national security (rather than economic) reasons, and many favor a degree of off-shore ‘balancing’ of the sort that realists recommend. But few Americans want to actively work to limit the rise of China. Very few favor the use of troops to defend Taiwan. Very few favor a nuclear-armed Japan. Large majorities of Americans take stands more akin to those of neo-liberals than realist theorists, favoring cooperation and peaceful engagement with China.