The Trilateral cooperation

Legal context: The relatively informal agreements setting up the TrilateralCooperation (TC) among the world's three most important patentoffices are contrasted with formal multinational treaties suchas the Patent Law Treaty and the abortive Substantive PatentLaw Treaty. Key points: After its inception in 1983, the TC concentrated initially ondeveloping and implementing standards for electronic storageand retrieval of prior art documents, and facilitation of searching.This was later extended to electronic sharing of priority documentsand to standardization and searching of DNA sequence databases.More recently emphasis has been placed on harmonization of searchingand examination procedures, and working groups have comparedthe approaches of the Trilateral Offices (TOs) to the patentabilityof claims in areas of new technology. Encouragingly, the resultsare usually the same, although the specific objections raisedmay differ. The ultimate goal is to reach a situation in whicha claim allowed by one TO would be accepted by the others withoutfurther examination. Practical significance: The TC has already facilitated search and examination, leadingto lower costs and shorter pendency times than would otherwisebe the case. Further progress depends on harmonization of substantivepatent law, which in turn depends on the willingness of theUSA to accept a first-to-file system.     

Die Berücksichtigung von Auswirkungen auf charakteristische Arten der Lebensräume nach Anhang I der FFH-Richtlinie in der FFH-Verträglichkeitsprüfung Anmerkungen zum Urteil des Bundesverwaltungsgerichts vom 16. März 2006 – 4 A 1075.04 (Großflughafen Berlin-Brandenburg)

Das Bundesverwaltungsgericht hat in seinem Urteil vom 16.3.2006 zum Gro?flughafen Berlin-Brandenburg in einem Leitsatz festgestellt, dass das FFH-Schutzregime, dem bestimmte Biotope unterliegen, sich nicht auf V?gel erstreckt, denen das betreffende Biotop als Habitat dient. Diese Feststellung führt zu der Frage, inwieweit charakteristische Arten von Lebensr?umen nach Anhang I FFH-RL in der FFH-Vertr?glichkeitsprüfung nach § 34 BNatSchG überhaupt bewertungsrelevant sind. Der Beitrag setzt sich dazu mit dem Urteil kritisch auseinander.     

SPLIT IDENTITY AND CHILDREN OF DIVORCE

Divorce, although a statistical norm, is a developmental trauma to the children involved. This article looks at the two-camp emotional environment of a divorcing family and its effect on the formation of a child's identity. By examining developmental ages, chosen according to divorce research, the author attempts to show how the interspouse emotional cathexes negatively affect a child's sense of self in ways specific to the child's age at the divorce.     

Mass deaths by gas or chemical poisoning. A historical perspective

This review chronicles the characteristics of deliberate and accidental mass poisonings that occurred in World Wars I and II, in Bhopal, and in other historical cases up to and including modern wars. It also considers approaches to the investigation of such cases from the medicolegal as well as general standpoints.     

DNA commission of the International Society of Forensic Genetics: Recommendations on the interpretation of mixtures

The DNA commission of the International Society of Forensic Genetics (ISFG) was convened at the 21st congress of the International Society for Forensic Genetics held between 13 and 17 September in the Azores, Portugal. The purpose of the group was to agree on guidelines to encourage best practice that can be universally applied to assist with mixture interpretation. In addition the commission was tasked to provide guidance on low copy number (LCN) reporting. Our discussions have highlighted a significant need for continuing education and research into this area. We have attempted to present a consensus from experts but to be practical we do not claim to have conveyed a clear vision in every respect in this difficult subject. For this reason, we propose to allow a period of time for feedback and reflection by the scientific community. Then the DNA commission will meet again to consider further recommendations.     

The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.     

Environmental dispute resolution and hazardous waste cleanups: A cautionary tale of policy implementation

New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices.     

Symposium comment: On the new politics of public policy

The process is not the problem, the problem is the problem. Rudolph Penner (1984). …We argue the superiority of the outcome from the process, not of the process from the outcome. The constancy of the economist's objection to this conclusion when applied to governmental rather than market decisions simply often reflects the fact that, while some economists are not disturbed that consumer preferences lead to allocation policies other than best respond to their own tastes, when political preferences lead to governmental policies not consistent with his informed and considered preferences, they are tempted to attribute irrationality to government.