The European community software directive: The United Kingdom implementation

Conclusion The Regulations appear to have reinforced the protection available to software producers under United Kingdom law. The provisions of the Software Directive and the Regulations are complex and not without significant inconsistencies which are likely to prove to be a source of litigation. The drafters of the Regulations chose, unlike many of its European partners, not to adopt the wording of the Software Directive but to write their own interpretation, adding an element of uncertainty to the law in this area, which is perhaps inevitable bearing in mind the linguistic problems of translating and interpreting any directive coupled with the ambiguity and omission of definitions of several key terms. More important, however, than any academic argument will be the practical impact of the new law and its effectiveness in achieving its aim.     

Lon L. Fuller,Gustav Radbruch,and the “positivist” theses

For helpful suggestions and criticism I am grateful to Delf Buchwald (Göttingen), Malte Dießelhorst (Göttingen), Ralf Dreier (Göttingen), Bonnie Litschewski Paulson (Göttingen and St. Louis), Martin Schulte (Münster), Alexander Somek (Vienna), and Kenneth I. Winston (Boston). In correspondence, Walter Ott (Zurich) and Carola Vulpius (Dresden) responded in a most helpful way to my queries.     

Workplace justice and employee worth

Distributive and procedural justice gain new meaning in light of other distinctions about how organizations value employees (the employees' “worth”). Fair compensation gives employees worth as achieved status: how the employee is like some employees (similarly rewarded) and not like others (dissimilarly rewarded). But employees also want to be treated uniquely as individuals and in other ways to be treated like all other employees, both reflecting worth as ascribed status. Such worth need not involve the distribution of outcomes; it can be gained if procedures function as ends in themselves. Different types of worth thus become the source of different criteria for justice. Based on a paper entitled “Justice as Worth,” which was prepared for the Third International Conference on Social Justice research (held in the Netherlands during July 1991).     

An exploration of the “Spinback” phenomenon

This paper examines nine cases of “spinback,” the flow back to laboratories of technical advantage from technology transfer activities. The benefits revealed in the cases are discussed and assessed for their value to the participating laboratories and the scientists involved. The objective of this study was to explore and test the feasibility of undertaking a comprehensive study of the value of spinback in order to encourage support for technology transfer activities by middle management in a laboratory. Spinback is defined as the phenomenon by which scientists’ and engineers’ participation in technology utilization activities results in a technically valuable flow back to their laboratories or organizations, thereby increasing or improving techical capability. It was anticipated that this exploration would provide evidence that the phenomenon does occur, with important consequences for the organization.     

Do Lawyers Cause Adversarial Legalism? A Preliminary Inquiry

Cross-national case studies have indicated that compared to other economically advanced democracies, American methods of policy implementation and dispute resolution are more adversarial and legalistic, shaped by costly court action or the prospect of it. To what extent are lawyers responsible for creating American-style adversarial legalism? This article argues that while adversarial legalism stems primarily from enduring features of American political culture and governmental structure, the legal profession plays a significant independent role in promoting and perpetuating this mode of governance.     

Americans and their sexual partners

Andrew M. Greeley is a priest, sociologist, novelist, and journalist. His scholarly writings concentrate on religion and ethnicity. His other writings range from critiques of the Catholic church to best-selling novels.     

The use of phosphate buffered saline for the recovery of cells and spermatozoa from swabs.

In the forensic science laboratory, the recovery of spermatozoa from vaginal swabs, or vaginal cells from penile swabs, can help determine if sexual intercourse may have taken place. There are several methods used to recover spermatozoa and cells from the swabs before visualisation on a microscope slide and most of these methods use water. Phosphate buffered saline (PBS) is a non-toxic solution used in many biological laboratories. Unlike water, PBS prevents cells rupturing or shrivelling up due to osmosis. This study demonstrates that PBS can be used for the extraction of spermatozoa and cells from swabs and that PBS does not affect subsequent DNA profiling.     

Judicial Procedures as Instruments of Political Control: Congress's Strategic Use of Citizen Suits

Citizen suit provisions, which give proregulatory interests access to the federal courts, can be used by Congress to increase the courts' role in regulatory policy. I analyze 284 environmental regulation bills reported favorably out of committee and show that committee support for citizen suits is a function of the committee's policy goals and the political context in which the bills are generated. These findings indicate that Congress deliberately uses judicial procedures as instruments of political control and that scholars examining judicial policymaking must include legislative goals in the list of explanatory factors.