Court turns a DEF ear to opponent's entreaties

Where the previous owner of a company gives a third party theauthority to register trade marks abroad in its own name, thatauthority remains an effective basis upon which to apply fora Community trade mark even where events subsequent to the givingof the authority would appear to be of contrary effect.     

Genuine Auto Parts v EPA: How to Challenge Agency Findings of Fact

Abstract

This article discusses how to challenge decisions of fact made by administrative agencies, based on a recent federal appellate decision in which a decision by the Environmental Protection Agency was overturned. In Genuine Auto Parts v EPA, the court concluded that the agency’s failure to address an important element of the matter made its decision “arbitrary and capricious” and “not supported by substantial evidence.” The article discusses the relationship between “arbitrary and capricious” and “not supported by substantial evidence” as independent grounds for overturning an agency decision and concludes that both require a challenge to the decision-making process, not a challenge to the substance of the agency decision and the both require a rational process so that an agency failure to articulate a reason for its decision can be grounds for reversal.     

Grooming child victims into sexual abuse: a psychometric analysis of survivors’ experiences

This study sought to examine the psychometric properties of the Grooming subscale of the Computer Assisted Maltreatment Inventory (CAMI) in a sample of adult survivors of child sexual abuse. There are currently no other research measures that examine grooming events as experienced by survivors, which underscores the importance of a reliable and valid way of gathering this information. Participants (n?=?295) were adult survivors of child sexual abuse who completed this anonymous study online. The sample was collected through the use of adult survivor of child sexual abuse websites, trauma blogs, and survivor group pages on Facebook. Exploratory Factor Analysis, Confirmatory Factor Analysis, and Cronbach’s Alpha were used to ascertain the reliability and validity of this subscale. These analyses suggest that the Grooming subscale of the CAMI is a reliable and valid measure. This measure is an important addition to the body of research instruments that measure adult survivor of child sexual abuse experiences, particularly since this is the only instrument that examines grooming from this perspective.     

Acting on delusions: the role of negative affect in the pathway towards serious violence

Acting violently on delusions is a significant clinical problem. Recent research has identified state anger as key component in the pathway from persecutory/threat delusions to serious violence. To determine the magnitude of the effect of delusional anger and to investigate a dose-response relationship we carried out a prospective follow-up study of forensic in-patients discharged into the community. Men and women (n = 409) were assessed before/after discharge at 6 and 12 months (Positive and Negative Syndrome Scale, MacArthur Community Violence Interview). No association was found with a content un-specific measure of delusions, thought disorder, hallucinations, grandiosity and violence. Suspiciousness/persecution was significantly associated with both violence and anger. Anger was also associated with violence. Mediation analyses suggested that 84% of the association between suspiciousness/persecution and violence was explained by anger. Key target of interventions should primarily be the anger; treatment of delusional beliefs plays a secondary role in the management of risk.     

Acquisitive Crime and Inflation in the United States: 1960–2012

Objectives

Inflation is conspicuous by its absence from recent research on crime and the economy. We argue that price inflation increases the rate of crimes committed for monetary gain by fueling demand for cheap stolen goods.

Methods

The study includes inflation along with indicators of unemployment, GDP, income, consumer sentiment, and controls in error correction models of acquisitive crime covering the period from 1960 to 2012. Both short- and long-run effects of the predictors are estimated.

Results

Among the economic indicators, only inflation has consistent and robust short- and long-run effects on year-over-year change in the offense types under consideration. Low inflation helps to explain why acquisitive crime did not increase during the 2008–2009 recession. Imprisonment rates also have robust long-run effects on change in acquisitive crime rates.

Conclusions

Incorporating inflation into studies of crime and the economy can help to reduce the theoretical and empirical uncertainty that has long characterized this important research area in criminology.

     

That’s Why the Lady Lost to the Trump: Demographics and the 2016 Presidential Election

I examine the relationship between demographics and vote choice using pre-election tracking polls, exit polls, and data on the American states. A number of important findings emerge: (1) there was a fair amount of preference stability in 2016; (2) Clinton underperformed Obama in 83% of demographic groups examined; (3) at the state level, the percent of whites with low levels of education and the size of the rural population had important effects on vote choice, and both of those variables were more strongly correlated with Democratic vote share in 2016 than in 2012; and (4) while state turnout rates were moderately correlated with Clinton’s vote share, changes in state turnout rates from 2012 to 2016 did not have a substantial impact on Clinton’s performance.     

Aya Gruber: The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration

Feminist Legal Studies -     

Global Societies Are Social Things: A Conceptual Reassessment

This article reassesses the concept of a global society in light of recent historical analyses of the concepts of the social and society in the literature of International Relations. It is argued that the distinction between the social and society makes many theories of a global society indistinguishable from a global social system. However, it is also argued that those conceptions of a global society that emphasise its societal qualities are vulnerable to charges of Eurocentricity and methodological nationalism. To point the way forward, this article argues that, analytically, the features of the concept of a global society need to be conceived more diversely and the feature of a meaningful collective-self-narrative, or weness feeling, needs to be reconceived as relationally contested, rather than consistently consensual. With this conceptual revision, it is suggested that, empirically, the contents of a relationally contested collective-self-narrative at the transnational “level” are still elusive, and a topic for further research, but would likely attain a “post-Western” and ecological character if they were to emerge in practice.     

Whither Remoteness? Wellesley Partners LLP v Withers LLP

In Wellesley v Withers, the Court of Appeal held that where a defendant is concurrently liable in tort and contract, the contractual rules for the remoteness of loss must apply. Two principal reasons emerge from the judgments. The first, that each party has had the chance to alert the other to unusual risks, is valid but often unconvincing. The second is more original and compelling: that the nature of any responsibility assumed in tort is distinct from, but wholly defined by, the valid contract. This note seeks to develop that argument. It then addresses the uncertain issue of concurrent liability in equity. It suggests that in a case in which any fiduciary duties arise out of, and are defined by, a valid contract, it may now be appropriate to apply the contractual remoteness rules to a concurrent claim for breach of contract and equitable compensation.