iCLIC Data Mining and Data Sharing workshop: The present and future of data mining and data sharing in the EU

Held at Southampton University's Highfield campus and hosted by iCLIC, an interdisciplinary core on Law, the Internet and Culture, the Data Mining and Data Sharing workshop brought together attendees and speakers from industry, government, academia and a range of disciplines alike. The workshop comprised two sessions, each with a keynote and an associated panel. The first session was chaired by Eleonora Rosati and dealt with copyright and database rights, data mining and data sharing. The second session, chaired by Sophie Stalla-Bourdillon, focussed on data protection, data mining and data sharing. The following report covers both sessions, associated panel discussions and the subsequent question and answer sessions.     

Factors associated with desistance from violence in prison: an exploratory study

Desistance from crime has been of increasing interest within criminal justice literature, but desistance from offending behaviour whilst in custodial environments has not yet been investigated. Violence within prison establishments continues to be a significant problem; therefore, this study investigated the factors that are associated with desistance from custodial violence in 63 UK Category C adult male prisoners with a record of violence in prison. Participants completed measures of eight social and subjective factors associated with desistance in community samples. Those who had desisted from prison violence for 12 months or more showed greater levels of pro-social attitudes, agency and resilience than those who persisted in violence. Agency independently predicted desistance and this was particularly the case for younger offenders. Internal shifts appeared to be supported by a positive work environment. It is concluded that in custody an internal shift in perspective is especially important for desistance, and that this can be supported by the social environment. Opportunities to intervene may be greater in younger prisoners. It is recommended that current initiatives in developing agency and positive social interaction, such as Psychologically Informed Planned Environments, are further developed.     

Injuries of the female genitalia in cases of sexual assault

Sexual violence is a global problem that particularly affects women and children. A retrospective analysis of 390 clinical-forensic examinations and 120 autopsies regarding injuries of the female genitalia in cases of sexual violence was performed. In the majority of cases no injuries of the female genitalia were found. Autopsy cases showed significantly more (and more serious) injuries of the genitalia than clinical forensic examinations (43 % vs. 25 %; p = 0.0004). Predominantly found were injuries of the external anogenital area, mostly tears or soft tissue lesions. In the current literature, data regarding the rate of injuries in victims of sexual violence vary strongly and their comparability is limited. Regarding the reconstruction of an offence, a forensic examination with an appropriate documentation of the injuries is evidently crucial.     

Laser desorption/ionization time-of-flight mass spectrometry of triacylglycerols and other components in fingermark samples

The chemical composition of fingermarks could potentially be important for determining investigative leads, placing individuals at the time of a crime, and has applications as biomarkers of disease. Fingermark samples containing triacylglycerols (TAGs) and other components were analyzed using laser desorption/ionization (LDI) time-of-flight mass spectrometry (TOF MS). Only LDI appeared to be useful for this application while conventional matrix-assisted LDI-TOF MS was not. Tandem MS was used to identify/confirm selected TAGs. A limited gender comparison, based on a simple t-distribution and peaks intensities, indicated that two TAGs showed gender specificity at the 95% confidence level and two others at 97.5% confidence. Because gender-related TAGs differences were most often close to the standard deviation of the measurements, the majority of the TAGs showed no gender specificity. Thus, LDI-TOF MS is not a reliable indicator of gender based on fingermark analysis. Cosmetic ingredients present in some samples were identified.     

Seeking rents through class actions and legislative lobbying: a comparison

This article analyzes class actions as a technology that groups may use in their rent-seeking activity, in addition to other rent-seeking methods such as legislative investment within the political market, when they seek to achieve favorable decisions from decision-makers—courts and legislators. It claims that groups may make their choice between various rent-seeking technologies according to their sensitivity to the problem of free riding. Therefore, it analyzes the effect of the legal instruments that facilitate class action lawsuits and collective litigation in most countries upon the rent-seeking strategies of groups, as compared to rent-seeking through legislation.     

From ‘Doctor Knows Best’ to Dignity: Placing Adults Who Lack Capacity at the Centre of Decisions About Their Medical Treatment

In 1989, the House of Lords first derived a ‘best interests’ test for the medical treatment of adults who lack capacity from the doctrine of necessity and, now codified, the test continues to apply today. The Mental Capacity Act 2005 sets out a non‐exhaustive checklist of relevant considerations, but it gives no particular priority to the patient's wishes. There is also no formal expectation that the patient will participate directly in any court proceedings in which her best interests are to be determined. This article will consider the advantages and disadvantages of providing additional guidance to decision‐makers in order to help them navigate both taking seriously the wishes of people who lack capacity and, at the same time, not abandoning patients who need help and support. More specifically, this article advocates formalising current best practice in the Court of Protection through the introduction of a series of rebuttable presumptions, or starting points.     

On the benefits of being naive: the choice of contract duration with projection bias

Empirical evidence shows that consumers are often subject to a projection bias, such as they exaggerate the degree to which their future tastes will resemble their current ones. Such biases are particularly acute when consumers commit to a long-term contract. This paper aims at assessing the consequences of projection bias and at defining when a legal intervention is relevant. In this perspective, we compare the situation of naive and sophisticated agents, both with and without regulation regarding contract duration and early termination fees. The demand side of the market consists either of sophisticated agents, who perfectly anticipate their future willingness to pay (WTP); or of naive consumers, who exhibit a projection bias. The supply side is a monopoly offering long- and short-term contracts. Our main contribution consists in showing that naive consumers are not always worse off than sophisticated agents. The key parameter is how willingness to pay varies over time. If consumers have an increasing WTP for a given service or product, naive agents can actually be better off than sophisticated ones. We argue that naivete protects consumers against a price increase. However, naivete also leads to less exchanges on the market, thus generating a deadweight loss. Hence, the overall effect of naivete on social welfare is ambiguous. As far as public policy is concerned, we conclude that regulating contract duration is only relevant in some circumstances, depending on the market characteristics and on the bias.