Privacy Remedies and Costs in the UK: Uncertainties in Access and Relief

Due to the global and pervasive nature of the Internet, the increasingly intrusive nature of reporting by tabloids, the high cost of bringing privacy actions, and the difficulty and complexity involved in removing private information from the World Wide Web, privacy costs and remedies are under scrutiny in the United Kingdom. This article examines some of the proposed changes in this area including the availability of injunctions, pre-publication notification, levels of damage awards, opportunities for alternative dispute resolution, conditional fee agreements/success fees, and potential global solutions that may have an impact on the United States. The article argues that due to the nature of privacy claims initiated from information on the Internet, damage fee levels should be increased as well as the use of mediation and conditional fee agreements.     

Do R&D strategies in high-tech sectors differ from those in low-tech sectors? An alternative approach to testing the pooling assumption

Most studies investigating the determinants of R&D investment consider pooled estimates. However, if the parameters are heterogeneous, pooled coefficients may not provide reliable estimates of individual industry effects. Hence pooled parameters may conceal valuable information that may help target government tools more efficiently across heterogeneous industries. There is little evidence to date on the decomposition of the determinants of R&D investment by industry. Moreover, the existing work does not distinguish between those R&D determinants for which pooling may be valid and those for which it is not. In this paper, we test the pooling assumption for a panel of manufacturing industries and find that pooling is valid only for output fluctuations, adjustment costs and interest rates. Implementing the test results into our model, we find government funding is significant only for low-tech R&D. Foreign R&D and skilled labour matter only in high-tech sectors. These results suggest important implications for R&D policy.     

Living in the Shadow of Violence: Local Civil–Military Engagement during Anti-Communist Insurgency Operations in the Philippines

Abstract

The Philippine approach to the anti-communist insurgency after 1986 has featured peace talks with the rebels, amnesty and livelihood packages, and strengthened security forces. While the military has remained central to the counterinsurgency campaign, the government has also institutionalized police involvement in conducting operations and requested input from local civilian authorities in paramilitary recruitment and human rights monitoring. Legal restrictions against human rights violations by soldiers were also established. The experience of 20 frontline communities in central Philippines reflects these changes. Local civil-military interaction has moved from confrontation to consultation and accommodation. However, tension remains because the military and civilian leaders disagree on the gravity of the insurgent threat.     

Sexual harassment in higher education: a victim's remedies and a private university's liability

Sexual harassment is a pervasive problem in education. With victims of harassment pursuing administrative and judicial redress, an awareness of and a program for response to the sexual harassment issue are good risk management strategies for a private university and its staff, employees, and students. This article examines, first, the two types of sexual harassment recognized by law; second, the situations in which harassment in the educational context may occur; and, third, avenues of recourse for the victim of sexual harassment and the responsibility and liability of the private university when the harassment is reported or discovered. It is designed to inform and educate the faculty and administrators of private universities about the legal implications of their response to notice of sexual harassment.     

Exploring the Patent Explosion

This paper looks more closely at the sources of patent growth in the United States since 1984. It confirms that the increase is largely due to U.S. patenters, with an earlier surge in Asia, and some increase in Europe. Growth has taken place in all technologies, but not in all industries, being concentrated in the electrical, electronics, computing, and scientific instruments industries. It then examines whether these patents are valued by the market. We know from survey evidence that patents in these industries are not usually considered important for appropriability, but are sometimes considered necessary to secure financing for entering the industry. I compare the market value of patents held by entrant firms to those held by incumbents (controlling for R&D). Using data on publicly traded firms 1980--1989, I find that in industries based on electrical and mechanical technologies the market value of entrants' patents is positive in the post-1984 period (after the patenting surge), but not before, when patents were relatively unimportant in these industries. Also, the value of patent rights in complex product industries (where each product relies on many patents held by a number of other firms) is much higher for entrants than incumbents in the post-1984 period. For discrete product industries (where each product relies on only a few patents, and where the importance of patents for appropriability has traditionally been higher), there is no difference between incumbents and entrants.     

Disclosing Conflicts of Interest in Clinical Research: Views of Institutional Review Boards, Conflict of Interest Committees, and Investigators

Strategies for disclosing investigators' financial interests to potential research participants have been adopted by many research institutions. However, little is known about how decisions are made regarding disclosures of financial interests to potential research participants, including what is disclosed and the rationale for making these determinations. We sought to understand the attitudes, beliefs, and practices of institutional review board chairs, conflict of interest committee chairs, and investigators regarding disclosure of financial interests to potential research participants. Several themes emerged, including general attitudes toward conflicts of interest, circumstances in which financial interests should be disclosed, rationales and benefits of disclosure, what should be disclosed, negative effects of and barriers to disclosure, and timing and presentation of disclosure. Respondents cited several rationales for disclosure, including enabling informed decision making, promoting trust in researchers and research institutions, and reducing legal liability. There was general agreement that disclosure should happen early in the consent process. Respondents disagreed about whether to disclose the amounts of particular financial interests. Clarifying the goals of disclosure and understanding how potential research participants use the information will be critical in efforts to ensure the integrity of clinical research and to protect the rights and interests of participants.     

Explaining “Market Authority” and Liberal Stability: Toward a Sociological–Constructivist Synthesis

Irrespective of the occasionally destructive financial consequences for individuals and the global economy, and warnings of its imminent collapse by critics, a globalising regime of capital mobility and neoliberal domestic policies appears in no danger of imminent collapse. This article explores the sources of the erstwhile stability of a liberal global economic order. The social mechanisms whereby people in many of the most capable states give their consent to “market authority” are explored with reference to Max Weber's sociology of legitimacy and Anthony Giddens' sociology of modernity. A constructivist theoretical construct of the changing “structure of intersubjective public belief” is developed as an explanatory heuristic. Liberalism is criticised for its conflation of choice with consent regarding its treatment of market processes, and vulnerabilities resulting from inconsistencies among liberal treatments of these are discussed.