Case comment: BSkyB v. EDS [2010] EWHC 86 (TCC) case no: HT-06-311 26.01.2010

The Technology and Construction Court has issued its long-awaited decision in the epic court battle between BSkyB and EDS. Mr Justice Ramsey found that EDS had fraudulently induced Sky into a £54 million contract for a new customer relationship management (CRM) system. Since judgment was given, EDS has been ordered to pay Sky £270 million in damages and interest.     

Governing insecurity: contingency planning,protection, resilience

Abstract

How should we understand the politics of security today? This article addresses this question from one particular perspective, that of ‘biosecurity’. It examines contemporary strategies for managing biorisks in three European states: France, Germany and the United Kingdom. We suggest that the framing of threat and response differs, even within Europe, and that one can identify three different configurations: contingency planning, protection and resilience. Each of these embodies a significantly different way of reconciling fundamental imperatives for those who would govern a liberal society today – the imperative of freedom and the imperative of security.     

The Federal Impact on Early Postwar Suburbanization

ABSTRACT

Researchers agree that, in Canada and the United States, federal policy with respect to mortgage finance encouraged suburbanization in the early postwar period. However, direct evidence has been lacking. Unique mortgage file data for 1951 for two Canadian cities, Hamilton, Ontario, and Vancouver, British Columbia, make it possible to assess this claim, and related claims. They show that the impact of federal mortgage assistance was similar in direction in both cities, but much more striking in Hamilton: federal involvement encouraged suburbanization, reinforced existing broad patterns in the social geography of the city, and increased the amount of income segregation at the scale of specific neighborhoods and suburban subdivisions. The broad generalizations that previous researchers have made about the impact of federal mortgage policy are confirmed, but the magnitude of that impact could vary enormously and cannot be assumed in particular cases.     

An empirical estimate of the precision of likelihood ratios from a forensic-voice-comparison system

An acoustic-phonetic forensic-voice-comparison system was constructed using the time-averaged formant values of tokens of 61 male Chinese speakers' /i/, /e/, and /a/ monophthongs as input. Likelihood ratios were calculated using a multivariate kernel density formula. A separate set of likelihood ratios was calculated for each vowel phoneme, and these were then fused and calibrated using linear logistic regression. The system was tested via cross-validation. The validity and reliability of the results were assessed using the log-likelihood-ratio-cost function (C(llr), a measure of accuracy) and an empirical estimate of the credible interval for the likelihood ratios from different-speaker comparisons (a measure of precision). The credible interval was calculated on the basis of two independent pairs of samples for each different-speaker comparison pair.     

Semiconductor chips, genes, and stem cells: new wine for new bottles?

This Article analogizes early semiconductor technology and its surrounding economics with isolated genes, stem cells, and related bioproducts, and their surrounding economics, to make the case for sui generis (of its own class) intellectual property protection for isolated bioproducts. Just as early semiconductors failed to meet the patent social bargain requiring novelty and non-obviousness in the 1980s, isolated genes and stem cells currently fail to meet the patent bargain requirements of non-obviousness and eligible subject matter that entitle them to traditional intellectual property protection. Like early semiconductor chip designs, nevertheless, the high cost of upstream bioproduct research and development, coupled with the need to sustain continued economic growth of the biotechnology industry, mandates that Congress provide some level of exclusive rights to ensure continued funding for this research. Sui generis intellectual property protection for isolated bioproducts would preserve the incentive to continue innovation in the field. As illustrated by the semiconductor industry, however, such sui generis protection for this technology must include limitations that address the need to provide an appropriate level of public access to facilitate downstream product development and enrich the public domain.     

A psychometric evaluation of the Defence Style Questionnaire-40 in a UK forensic patient population

Psychological defence mechanisms have been considered important personality processes in the onset, maintenance and recovery of mental disorders. More recently, their application to understanding presenting problems and as potential outcome indicators for forensic patients has been recommended. However, to date there have been no investigations into the reliability and factor structure of defence mechanism assessments for this population. The current study investigated the factor structure, internal consistency and test-retest reliability of the Defence Style Questionnaire-40 (DSQ) for 160 adult male UK forensic patients. The three-factor model of defences proposed by the DSQ-40 developers was not confirmed in the study sample. Reliability indices of the three factors indicated that the Immature factor was the most ‘acceptable’ in terms of internal consistency. Test-retest reliability coefficients ranged from .70 to .91. A revised three-factor structure that closely corresponds to the original validation study is recommended following an exploratory factor analysis. The findings are compared with previous reliability and factor analytic evaluations of the DSQ-40, and recommendations for its use with forensic patients are discussed.