Baker & McKenzie''s regular article tracking developments in EU law relating to IP, IT & telecommunications

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 web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Impact of tropical conditions on thin layer chromatography in analytical toxicology: high temperatures and moderate humidities.

The impact of high temperatures (24 to 39 degrees C) and low to moderately high humidities (20 to 70%) on the applicability of TLC systems for drug identification was studied during a 6 month climatologic cycle in Burkina Faso (West Africa). In general, the Rf values as observed on the plates were found to be substantially affected as compared with values obtained at temperate climates. Some TLC systems were more affected than others and the largest deviations of up to 30 Rf units were at low humidities. Tropical conditions also had a negative effect on the reproducibility of Rf values. However, when an Rf-correction procedure was applied, using reference mixtures of known drugs on each plate, accuracy as well as reproducibility of the resulting Rfc values were drastically improved and data thus corrected were found to be compatible with existing TLC data bases developed under moderate climatological conditions. The impact of high to extremely high humidities (70 to 100%) remains to be investigated.     

Organic impurity profiling of 3,4-methylenedioxymethamphetamine (MDMA) tablets seized in The Netherlands.

In this study, a new method was developed for the impurity profiling of illicit MDMA tablets. The extraction efficiency, linearity, repeatability and reproducibility of the method were evaluated. Eighty two MDMA tablets coming from presumed unrelated large seizures in 2004 (n >500 tablets) were analyzed by gas chromatography mass spectrometry (GC-MS) in order to assess the discrimination power of the method. The latter was found to be practical, robust, relatively easy to perform, highly discriminative and yielding good chromatography. In addition, some new impurities were detected and identified. Their chemical structures and mass spectra are reported.     

Traditions of governance: interpreting the changing role of the public sector

The role of the state is changing under the impact of, for example, globalization. The changes have been variously understood as the new public management (NPM), the hollowing–out of the state and the new governance. This special issue of Public Administration explores the changing role of the state in advanced industrial democracies. It focuses on the puzzle of why states respond differently to common trends.
This introductory article has three aims. First, we provide a brief review of the existing literature on public sector reform to show that our approach is distinctive. We argue that the existing literature does not explore the ways in which governmental traditions shape reform. Second, we outline an interpretive approach to the analysis of public sector reform built on the notions of beliefs, traditions, dilemmas and narratives. We provide brief illustrations of these ideas drawn from the individual country articles. Finally, we outline the ground covered by all the chapters but we do not summarize and compare their experiences of reform. That task is reserved for the concluding article.     

The origin and functioning of the family advocate system

This synoptic article focuses on the origin and functioning of the Office of the Family Advocate as the protector of the interests of minor children in divorce cases. Attention is paid to the general contemporary trend to specialise in judicial decision-making that developed out of an increasing need for expertise in the administration of justice. A number of arguments for and against judicial specialisation are addressed. The origin of the Office of the Family Advocate within the South African judicial system is discussed and a brief exposition of the history of divorce legislation in South Africa is given. This is followed by attention to the functioning of the Office of the Family Advocate with reference to the process followed in investigations of this office and points of criticism against the system are highlighted. The article closes with an indication of the need for research in this regard and possible focus points for future research are identified.     

Influence of electricity on post-mortal body temperature

In a case of suicidal application of electricity differences between the rectal temperature of the body and the suspected time of death were observed.In order to answer the question whether an electric current from hand to hand over >30 min led to a rise in body temperature FEM-based computer simulations and animal experiments were carried out. Both resulted in a warming of the soft parts in the arm without warming the body core. Thus a temperature-based estimation of the time since death can also be used in cases with electricity as the cause of death. Besides, in the animal experiment we found a spontaneous rise in the body core temperature even without application of electricity which may be a reason for the typical temperature plateau after death.     

Can information change public opinion? Another test of the Marshall hypotheses

U.S. Supreme Court Justice Thurgood Marshall offered his opinion regarding the utility of public opinion polls as a tool for assessing the “evolving standards of decency” regarding capital punishment. His arguments became known as the Marshall hypotheses and spawned a considerable body of empirical testing. The three Marshall hypotheses are: (1) support for capital punishment is inversely associated with knowledge about it, (2) exposure to information about capital punishment produces sentiments in opposition to capital punishment, but (3) exposure to information about capital punishment will have no impact on those who support it for retributive reasons. The results of previous tests of these hypotheses were somewhat mixed but supportive. None of these studies, however, examined the effects of change in knowledge levels with changes, if any, in death penalty attitudes and beliefs as needed for a more complete test of the Marshall hypotheses. The present study addressed this shortcoming. The results provided mixed support for these three hypotheses. That is, death penalty supporters were somewhat less informed than death penalty opponents; exposure to death penalty information and knowledge gains tended to be associated with attitudinal change in a directions suggested by these hypotheses; but, retributivists' attitudes toward and beliefs about capital punishment were not any more resistant to change than were the attitudes and beliefs of non-retributivists.