Qualification for design right: 'springing interests'

Legal context. An unregistered design can qualify for protectionunder the Copyright, Designs and Patents Act 1988 in a numberof ways. However, as the European Community expands the qualificationprovisions in the Act come into conflict with Community lawand the European Convention of Human Rights. This article setsout those issues and seeks a solution to them. Key points. This article begins by examining how a design qualifiesfor protection, by reason of the designer, the commissioneror the employer; or alternatively by reason of the person whofirst markets it. It then looks at the impact of new membersjoining the European Community and how this might create springinginterests in design right. It then tries to reconcile the rightin the EC Treaty not to be discriminated against on the groundsof nationality with the right to quiet enjoyment of propertyunder the ECHR. Practical significance. This article considers the ownershipof design right and springing interests. It will therefore beof interest to anyone who owns a design right by reason of thedesign being first marketed in the United Kingdom.     

Sexual Harassment and Posttraumatic Stress Disorder: Damages Beyond Prior Abuse

This study examined the extent to which harassment experiences correlate with posttraumatic stress disorder (PTSD) symptoms, and whether diagnosable PTSD on the basis of sexual harassment occurs after accounting for prior PTSD, prior sexual abuse, and prior psychological dysfunction. The sample consisted of a two-wave panel of 445 women who had received a domestic violence protective order from a Kentucky court. Hierarchical linear and logistic analyses confirmed that sexual harassment experiences were significantly correlated with PTSD symptoms after controlling for an extensive set of trauma variables measured in both the baseline and follow up interviews. Our findings lend further evidence that claims of PTSD from sexual harassment may be credible even if claimants have been victims of other forms of trauma.     

The Corporate Crimes of Dow Chemical and the Failure to Regulate Environmental Pollution

A case study of Dow Chemical Company using scholarly research, journalistic investigations, and government documents reveals the existence of the criminogenic corporate-state. The Corporate-State manages and regulates itself with limited interference from the Environmental Protection Agency and in the form of Dow Chemicals is responsible for numerous environmental crimes both nationally and globally all of which have been linked to numerous health, labor and economic problems. Future researchers are encouraged to undertake similar case studies to expose the Corporate-State and the criminal harms done to ordinary citizens for the sake of profit.     

Beyond personal vote incentives: Dividing the vote in preferential electoral systems

Comparative studies of preferential electoral systems have paid much attention to the incentives for personalized instead of party-centered campaigns, but they have largely ignored how some of these systems allow “allocation errors” and so create incentives for parties to “manage” the vote and intraparty campaigns. We discuss how the single non-transferable vote (SNTV) and single transferable vote (STV) systems create these incentives, and we illustrate the degree to which they affect actual electoral results across seven preferential electoral systems. The analysis reveals statistically significant differences in the vote inequality among incumbent cohorts (members of the same party and district), indicating the strong influence of vote division incentives over candidate-centered electoral environments. The results also have important implications for comparative research on legislative turnover and the incumbency advantage.     

Predictors of Maladaptive Coping in Incarcerated Women Who are Survivors of Childhood Sexual Abuse

Women’s rates of incarceration have increased notably in the past two decades. Concurrently, research with female offenders has identified a high incidence of experiences of childhood sexual abuse (CSA), a potential risk factor for negative psychosocial outcomes. Structural equation modeling was used to test a model examining associations among CSA, emotion regulation, posttraumatic stress, and coping in a sample of 224 incarcerated women. The relationships between CSA and difficulties with emotion regulation and posttraumatic stress were mediated by self-blame, and the relationship between self-blame and maladaptive coping was mediated by both difficulties with emotion regulation and posttraumatic stress. These findings have implications for identifying treatment needs of incarcerated women and suggest potential targets for intervention.     

Jamaican Dons, Italian Godfathers and the Chances of a 'Reversible Destiny'

For close to 50 years, so-called 'dons' have positioned themselves as civic leaders in Jamaica, gaining acceptance among poor urban communities and (tacit) political recognition in the wider society. The dons' systematic, coercive organisation of the ghetto community and the counter-hegemonic, executive-style bureaucracy and culture entrenched here resembles the 'godfather'-led criminal culture and power of the (Italian) Mafia. However, over the last ten years the Mafia has faced a considerable decline in its omnipotence, due to increased state intervention and resistance within civil society, particularly by women in the local Italian communities. This article attempts to ascertain if such a 'reversible destiny' is also thinkable in Jamaica.