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.     

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.     

The legal aspects of corporate computer usage policies

In this paper we examine the legal aspects of corporate computer usage policies including their creation, management, and their relevance to corporate computer forensic investigations. Misuse of corporate computing facilities cannot only lead to a reduction in employee productivity and network bandwidth, but can also increase the risk of infection of such facilities by computer viruses and other malicious code. Moreover, it may lead to the risk of liability and legal action.     

Crime,time, youth and punishment

This paper examines current developments in the social control of youth crime and delinquency in England and Wales. It argues that the usual critical explanations of these developments, in the form of the dispersal of discipline or the social authoritarianism thesis are inadequate. Instead, it is suggested that the punishment has taken on a more effective and efficient format in the management of this problem group than either of the above would have made possible.     

Scales for perceived risk of student-on-student victimization in grades 7 through 10: A psychometric analysis of the adolescent index on school safety

Although past research has developed scales for the incidence, prevalence, and fear of student-on-student victimization (SSV), little is known about the scaling of perceived risk (i.e., the cognitive appraisal of the chances of experiencing SSV). Hence, this study examined self-report survey data for the perceived risk of SSV as measured in the Adolescent Index for School Safety (AISS). Children in grades 7 through 10 (n=337) in a single Florida public school completed the AISS. Factor analyses using Maximum Likelihood Estimation with Oblimin Rotation identified nine unique factors for perceived risk. Reliability analyses found standardized Cronbach Alphas that ranged from .64 to .91, and seven out of the nine identified scales were above .80, which suggested good to excellent internal consistency. Future research should examine the content validity, construct validity, and predictive validity for the AISS and other self-report surveys of SSV dynamics. This publication was made possible by a grant [#97-MU-FX-KO12 (S-l)] from the Office of Juvenile Justice and Delinquency Prevention (O.J.J.D.P.), United States Department of Justice (U.S.D.O.J.). This grant is administered through the Hamilton Fish National Institute on School and Community Violence at George Washington University. This specific study was developed and implemented by staff at: 1) East Carolina University’s Department of Criminal Justice; and 2) Florida State University’s Center for Educational Research and Policy Studies. All points of view and opinions in this paper are those of the authors and do not necessarily represent the official position or policies of East Carolina University, Florida State University, the Hamilton Fish National Institute on School and Community Violence, the O.J.J.D.P., or the U.S.D.OJ. The authors would also like to thank Dr. Bill Doerner and Jennifer Jolley for their support, editorial feedback, and insightful comments regarding earlier drafts of this paper.