English High Court decides that “making available” over the internet only occurs in the jurisdiction where the servers are based

The English High Court has considered the meaning of “making available to the public” by online transmission in the context of database rights and has determined that the act of making available is only committed in the country where the host server is located, and not the country where the material is accessed by the public.     

Planning for the succession of digital assets

Estate planners’ current strategies for the disposition of digital assets are quickly becoming out-dated. This is largely the result of ambiguities concerning proprietary rights of digital assets after death. When advising clients on how to plan for the succession of digital assets, it is important for estate planners to understand the nature of digital assets today and to recognize how these assets may evolve. In failing to take into account the evolving nature of digital assets, estate planners are liable to craft short-sighted and thus ineffective succession plans. As the popularity of digital executor businesses increases, estate planners ought to caution clients on their shortcomings. Additionally, legislatures must create statutes which outline the rights of individuals vis-à-vis online service providers.     

The WTO's Environmental Progress

The linkage between trade and the environment stands out asan important challenge in global economic governance. Over thepast decade, the WTO devoted considerable attention to thisissue and included it on the agenda of the Doha Round. In parallel,the jurisprudence on trade and the environment has experiencedsignificant advances. This study provides an overview of themain institutional changes at the WTO and of the developmentsin the jurisprudence most relevant to the interaction betweenthe environment and trade. Specifically, this study focuseson General Agreement on Tariffs and Trade (GATT) Article XXand takes note of many positive (and a few negative) featuresof the key Appellate Body decisions.     

Who is better for handling domestic violence? A comparison between Taiwanese female and male Officers

This study examined Taiwanese female and male police officers’ perceptions of handling domestic violence. Specifically, it assessed officers’ attitudes toward whether female officers, male officers, or a combination of female and male officers are more suited for handling cases of battered women, offenders, and domestic violence overall. Survey data were collected from 96 female and 156 male officers from two police departments in Taiwan. Frequency distributions showed that a combination of male and female officers were most preferred by officers for handling abused women, offenders, and domestic violence overall. Regression analysis found that female officers were significantly more likely than male officers to favor a combination of male and female officers over female officers alone for handling battered women. Female officers were found to be more likely than male officers to favor male over female officers and a combination of male and female officers for handling offenders. Police supervisors’ attitudes toward domestic violence also influenced officers’ attitudes toward who is more suited for handling offenders. Implications for future research and policy are discussed.     

Supermax housing: Placement, duration, and time to reentry

Despite the growth in and debate about super-maximum security housing, there exist few studies of inmates’ experiences or placement in supermax incarceration. The lack of research on this new type of confinement assumes particular salience given criticisms that such confinement is excessive, that placement in it is arbitrary, and that it may have adverse effects on reentry into society. The goal of this article was to inform efforts to understand how supermax housing is used and to contribute to policy debates about this housing. To this end, it used data from the Florida Department of Corrections to investigate several dimensions of the supermax experience. These included the frequency of placement into supermax confinement, the duration of time spent in such confinement, and the timing of it relative to reentry back into society. In addition, the article explored factors, especially behavioral indicators, that may contribute to decisions to place inmates in supermaxes. The article concludes by discussing the study's findings and implications for research and policy.     

Sex offender residence restriction laws: Parental perceptions and public policy

Despite a steady decline in sex crime over the past twenty years, new laws, such as residence restrictions, targeting such crime have proliferated. Some scholars have argued that public concern about sexual offending against young children has served as a catalyst for the emergence of these laws. Few studies, however, have empirically tested this claim. To address this gap and to contribute to scholarship on public opinion about crime and justice, this research tests a central implication flowing from prior work—namely, the notion that people with children will be more likely to endorse increased restrictions on where sex offenders can live. Analyses of public opinion data from a 2006 poll of Florida residents suggest that parents are indeed significantly more likely to support such restrictions. Implications of the study for research and policy are discussed.     

An ID card for the Internet – The new German ID card with “electronic proof of identity”

The personal ID card is a document carried by most Germans, but rarely used. This could change in the future: According to the new law on identification cards and electronic proof of identity (Gesetz über Personalausweise und den elektronischen Identitätsnachweis, PAuswG), the ID card, with its proof of identity, will gain a new functionality, making it applicable for diverse Internet transactions. Functionally, the electronic proof of identity corresponds to existing non-electronic personal proof of identity guidelines in legal and business connections. However, its concrete, technical application opens up many issues regarding contracts and data privacy laws. On both the legal and the technical level, the German approach departs from other European countries, as it strictly distinguishes the electronic proof of identity from the electronic signature function, which the new ID card also provides. It remains to be seen whether the various projects of the EU Member States will become legally and technically interoperable in the near future.     

‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 1: Developing rules for transitioning custom into law

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective.     

Self-Defense, Punishing Unjust Combatants and Justice in War

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side.