Determining distinctiveness in infringement proceedings

In determining the distinctiveness of a trade mark in infringementproceedings, a court must look at the perception of the relevantpublic at the time when use of the infringing sign commenced;an order to cease using the infringing sign may often be appropriatewhere loss of distinctive character derives from the defendant'sactions.     

The Role of Postmortem Cardiac Markers in the Diagnosis of Acute Myocardial Infarction*

Abstract: Sudden cardiac deaths because of acute myocardial infarction (MI) constitute a significant percentage of the caseload for death investigators, coroners, and forensic pathologists. Clinicians use cardiac markers, highly sensitive and specific for myocardial damage, to screen living patients for acute MI; however, to this point, the utility of these markers in the autopsy setting has not been fully established. The current study included 10 decedents, five who died of acute MI, and five subjects who died of noncardiac disease. Samples of pericardial fluid and blood from multiple sites were tested for creatine kinase, creatinine kinase MB, and troponin‐I. Three main conclusions were drawn: the levels of cardiac markers from all patients are significantly higher than the reference range for living patients, there are significant differences in cardiac marker levels between samples from different anatomic locations, and only three cardiac marker/anatomic site combinations were significantly different between the control and study groups.     

The Cheonan Incident and East Asian Community Debate: North Korea’s Place in the Region

The East Asian community debates project the region as one integral unit. Rapidly shifting landscapes explain the tension between the old order and emerging hierarchy where North Korea plays a crucial role. This paper analyzes North Korea’s place in the East Asian community debates by examining the regional governments’ reactions to the Cheonan incident. The responses and circumstances of South Korea, Japan and North Korea to the sunken ship incident demonstrate three dynamics. First, domestic political needs of the regional government supersede normative Community rhetoric. Second, manageability of the North Korean regime will determine the next regional hegemon. And third, the community debates need to include North Korea for viability.     

Constitutional considerations of the escrowed encryption standard

In the physical world, spaces are tangibly defined to secure privacy. The cyberspace equivalent of sealed envelopes and locked doors is encryption. Encryption uses hardware and/or software to ensure that electronic communication is not intercepted by unwelcome and unintended parties. The technology allows communicators transmitting across telephone lines to encode conversations or data.

Sophisticated encryption technology protects legitimate privacy, but it may also cloak illegal activities by obstructing electronic surveillance by law enforcement agencies. The Escrowed Encryption Standard is a federal plan to protect telephone and computer communication from illegal interception and allow government access to these communications for surveillance. This article examines the plan's possibly adverse impacts on constitutional rights, with specific attention to the First, Fourth and Fifth amendments.     

The Use of Incarceration in the United States

The past two decades have produceda profound increase in imprisonment in theUnited States, resulting in a prison populationof two million and expenditures of over $35billion annually on corrections, while otherimportant government services are underfunded. Imprisonment is highest for minority maleslargely because of the War on Drugs, which hasalso dramatically increased the incarcerationof women and created nearly 1.5 millionchildren having a parent incarcerated. Inresponse to this trend, the American Society ofCriminology (ASC) directed the ASC NationalPolicy Committee (NPC) to draft a policy paperon the incarceration issue. This articleexplains the main ideas, themes, andrecommendations of the full policy paper. Itanalyzes the sources and effects of theincreased use of imprisonment, drawingattention to the negative effects of excessiveincarceration. The paper and itsrecommendations reflect a concern that the ASCneeds to set a research agenda that isindependent of the federal government andconventional wisdom. The NPC hopes this paperwill stimulate a healthy and much overduedebate on the role of the ASC in public policyin general, and the merits of widespreadincarceration in particular.