Baker & McKenzie's annual review of developments in EU law relating to IP,IT & telecommunications

This is a summary of the Baker & McKenzie columns on developments in EU law relating to IP, IT and telecommunications. This summarises the principal developments in 2009 that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas and which were reported on in this column in 2009. It seeks also to update any further development which may have taken place in relation to the specific topics since originally reported. 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.     

Physical Injuries, Pain, and Psychological Trauma: Pathways to Disability

Because physical injuries occur so frequently and are associated with significant mortality and morbidity, these injuries have been acknowledged as a worldwide public health concern. While the greatest cost associated with physical injury is the loss of life, non-fatal injuries are associated with significant personal and societal costs. Traditionally, examinations of the personal costs of physical injuries have emphasized functional losses and limitations, in addition to resulting losses in work productivity and income earning power. Efforts to capture the societal costs associated with physical injury have emphasized medical expenditures related to their treatment as well as costs related to lost work performance and disability compensation. Less emphasized but possibly more relevant to post-injury functional outcomes is the experience of psychological distress that frequently accompanies injury-related changes in function and overall quality of life. Any calculation of the true cost of physical injuries must include a reckoning of their impact on psychological health and the interactive influence of physical and psychological injuries on immediate and long-term recovery of function. In the current article, we briefly summarize data pertaining to the prevalence and cost of physical injuries; we briefly describe the more common consequences of physical injury, including injury-related limitations in physical function, pain and pain-related limitations in physical function, occupational impairment, psychological distress, and impairment in interpersonal relating; we review select theoretical models that are considered to explain the transition from physical injury to disabilities and we identify the pre-, peri-, and post-injury influence of physical and psychological health on injury management, recovery of function, risk of re-injury, and disability.     

Building something beautiful with stones: How regions adapt to,shape and transform the EU opportunity structure

The literature on the relationship between regions and the European Union (EU) has generated three important insights. First, research has found that the EU empowers as well as disempowers regions. Second, studies have demonstrated that regions adapt to the EU opportunity structure. Third, scholars have discovered that regions also change the EU opportunity structure. However, the three dimensions are rarely brought together. To examine the mutual influence and constant interaction between the three, the article applies a strategic-relational approach to regional action within the EU. Using the empirical example of the EU macro-regional strategy for the Alpine region, the article shows how regional motivations, differential opportunities and constraints and strategies of adaptation and transformation interact. The conclusions imply that both opportunity structures and regional strategies together produce the mosaic of rules, resources, relationships and ideas that makes up the EU.     

The medical licensing examination debate

National licensing examinations are typically large‐scale examinations taken early in a career or near the point of graduation, and, importantly, success is required to subsequently be able to practice. They are becoming increasingly popular as a method of quality assurance in the medical workforce, but debate about their contribution to patient safety and the improvement of healthcare outcomes continues. A systematic review of the national licensing examination literature demonstrates that there is disagreement between assessment experts about the strengths and challenges of licensing examinations. This is characterized by a trans‐Atlantic divide between the dominance of psychometric reliability assurance in North America and the wider interpretations of validity, to include consequences, in Europe. We conclude that the debate might benefit from refocusing to what a national licensing examination should assess: to achieve a balance between assessing a breadth of skills and the capacity for such skills in practice, and focusing less on reproducibility.     

The Social and Geographic Patterns of Sexual Offending: Is Sex Offender Residence Restriction Legislation Practical?

The development of sex offender residence restriction legislation was predicated on the assumption that sex offenders pose an increased risk to the public. The goal of such legislation was to create “sex-offender-free” zones in an effort to decrease sex offenders’ access to potential victims. Such legislation prohibits registered sex offenders from residing near landmarks where children are known to congregate. Empirical evidence thus far has failed to demonstrate that residing near these landmarks contributes to sex offenders’ ability to access victims, and may actually be doing more harm than good. The current study questions the rationale behind the implementation of residence restrictions and if this rationale is consistent with the realities of victim selection and sexual offending among incarcerated sex offenders. The sample consisted of 270 males incarcerated in a New Jersey correctional facility. The results demonstrate that most sex offenders resided within a 2,500-foot restricted landmark zone. However, after examining the methods sex offenders used and examining how far they traveled to meet or establish contact with their victims, residing near restricted landmarks did not contribute to victim selection. Of the 270 sex offenders, the offense patterns consistent with many residence restrictions were applicable to less than 1%.     

Contested meanings,myths and hyperimages of the apocalypse: the Bakhtin Circle and the politicisation of catastrophism

This article considers the depoliticising effects of current images and myths of apocalyptic visions, such that the world faces a catastrophe whether this emerges from environmental degradation, mass migration, terrorism, or global financial collapse. In our digital media age, apocalyptic images are now also captured through the raw footage of actual disaster events. In the article we call such footage, “hyperimages”. The power of the hyperimage is not, as Baudrillard once said, that reality is “just like the movies”, rather, hyperimages demonstrate that the image captured and shown to others is all too real because they depict actual everyday disasters. Importantly, such is the power of hyperimages that they are often employed by the political right to help them construct a hegemonic project aiming to win state power and to influence state policies. Drawing on the Bakhtin Circle, however, we show that hyperimages are also mediated and circulated through a multitude of social groups and voices in society, which contain seeds of radical heteroglossic alternatives to that of the right. Following this, the article then examines how responses to apocalyptic hyperimages can be politicised in a progressive direction.     

Structural Changes to the Public Sector and Cultural Incompatibility: The Consequences of Inadequate Cultural Integration

Structural changes are commonly undertaken to achieve gains, such as enhanced efficiency and performance. In this paper, we explore the cultural issues associated with a structural change in the Australian Public Service. We argue that cultural differences across merged functions were disruptive and challenging to overcome. We posit, however, that these challenges were exacerbated by the lack of systemic effort to integrate cultures, thus impeding synergy realization. Our findings are consistent with the private sector literature that warns mergers and acquisitions undertaken with too much haste and without adequate planning can lead to cultural issues when not managed appropriately.     

Mandatory,fast, and fair: Case outcomes and procedural justice in a family drug court

Journal of Experimental Criminology - Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug...     

Social Exclusion: The Interplay of Group Goals and Individual Characteristics

Past research has shown that adolescents justify social exclusion based on concerns for group functioning, and yet, to date, no study has evaluated whether group functioning justifications shift or remain stable across different exclusion contexts. In this study, we systematically manipulated exclusion context (i.e., competitive or noncompetitive soccer groups) and individual characteristics of the target of exclusion to test the nature of the interaction between these factors during exclusion judgments. Adolescents’ (N = 201; 61 % Female) exclusion judgments differed across contexts only when an individual’s ability was under consideration. Intergroup (i.e., gender, nationality) and interpersonal (i.e., aggression, shyness) characteristics overwhelmed contextual considerations. Results indicate the complexity of factors weighed by adolescents when making exclusion judgments, and suggest the need for extension of the present findings to understand more fully the interaction between the context of exclusion and individual characteristics in exclusion judgments.