Public perceptions of crime seriousness in Israel:: native-born versus new immigrants

The broad consensus generally found with regard to public perceptions of crime seriousness has been shown to reflect “consistency” in relative rankings rather than “absolute agreement” in ratings among sample groups. The present study compared the crime seriousness perceptions of native-born Israelis with those of two groups of new immigrants (one from the former Soviet Union and the other from Ethiopia). Questionnaires including 30 different criminal offenses for evaluation were distributed by means of face-to-face interviews to a representative sample of the Israeli adult population. As expected, the three groups provided very similar rankings of offenses but much less absolute agreement (ratings). It is suggested that the significant gaps in the perceptions of the groups stem from “culture conflict” (Culture Conflict and Crime, Social Science Research Council, New York, 1938), that is, differences in the social and cultural norms of the immigrants’ countries of origin and those prevailing in the absorbing society.     

Pre-sale misrepresentations in passing off: an idea whose time has come or unfair competition by the back door?

Legal context. This article addresses the scope of the tortof passing off in English common law. Key points. The scope of passing off has traditionally beenlimited to confusion at the point of sale. Developments in marketpractice and trade mark law may argue in favour of extendingthat scope to cover both pre- and post-sale confusion. However,such an extension raises commonly voiced concerns about theintroduction of a general tort of unfair competition into Englishlaw. This article considers the specific issue of pre-sale confusionand concludes that there is both the need and the scope to bringit within reach of passing off. To do so would not amount tothe introduction of a general tort of unfair competition, butwould be entirely consistent with the rationale which has alwaysbeen the foundation for the tort. Practical significance. The conclusion advocated in this articlewould expand the range of conduct on which passing off claimscould be based and would increase the protection afforded tothe owners of famous brands.     

Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search

Eight years after the Lawrence Inquiry, the question of police powers to stop and search people in public places remains at the forefront of debate about police community relations. Police are empowered to stop and search citizens under a wide range of legislative acts and the power is employed daily across Britain. Far from laying the debate to rest, the Lawrence Inquiry prompted new research studies and fresh theories to explain the official statistics. We argue that the statistics show that the use of the powers against black people is disproportionate and that this is an indication of unlawful racial discrimination. If stop and search powers cannot be effectively regulated – and it seems that they cannot – then their continued use is unjustified and should be curtailed.     

构建和谐社会中的经济法制

和谐社会是人类奋斗的目标,要实现这一目标离不开法制建设,其中经济法制通过协调私人与社会、市场与政府、效益与公平的矛盾,通过促进和维护市场公平自由竞争,通过加强和改善宏观调控秩序,有效地促进、建设和实现着和谐社会的目标。     

Post-sale confusion

Legal context: Recent case law has established that post-sale confusion isrelevant to determining whether registered trade mark infringementhas occurred under UK law. This raises questions as to whatthat relevance is in practice and as to whether the common lawof passing off should develop accordingly so as to take post-saleconfusion into account. Key points: In this article, the authors review the case law on the relevanceof post-sale confusion to actions for trade mark infringementand passing off. They conclude that U K law does regard post-saleconfusion as relevant to trade mark infringement, provided thatthere is also sufficient similarity on a mark-for-sign basisat the point of sale. They argue that the tort of passing offshould develop in the same way. Practical significance: Brands can be harmed even where there is no confusion at thepoint of sale. The law's development to recognize this providesimportant weapons for brand owners, particularly in the contextof ‘look-alike’ products.     

Potential through paradox: indigenous rights as human rights

This paper takes the ratification of the U.N. Declaration on the Rights of Indigenous Peoples as its departure point. Reactions to the Declaration have thus far been mixed. According to advocates, these events signal ‘a new consensus’ that brings ‘to an end the nation states’ history of oppression of indigenous peoples’. According to critics, however, we have uncritically assumed an alliance between human rights and Aboriginal rights initiatives. This paper draws on these conflicting accounts, the theories of Rancière, and a discussion of a current Canadian court case to offer an assessment of the political possibilities of the UN declaration. Overall we argue that the value of the Declaration rests on our interpretation of the political process by which these rights are enacted. The possibilities of rights-based politics are always contextually dependent. In some instances a human rights frame can represent radical repositionings and rearticulations while at the same time always risking the possibility of co-optation. The acts of politics, in particular acts of dissensus, are the key factors that will impact whether the Rights of Indigenous Peoples lead to transformation or to the reinforcement of the status quo.     

Validity and reliability of the VRAG in a forensic psychiatric medium security population in Flanders

Since the development of the Violence Risk Appraisal Guide (VRAG), one of the most widely used actuarial risk assessment instruments, numerous replication studies have shown its usefulness in predicting (violent) recidivism among various offender populations. It is not clear, however, whether these findings can be generalized to forensic psychiatric patients admitted to a medium security forensic psychiatric unit in the Flemish part of Belgium. Therefore, the main aim of this study was to test the predictive validity and reliability of the VRAG in a sample of 191 Flemish medium security patients. The mean follow-up period was 2.4 years. Contrary to the expectations, the VRAG was unable to significantly predict any kind of outcome. Possible explanations are discussed and further research with the VRAG in Flanders, and its recently revised version, is recommended.